Are you or your spouse in active military service? It may affect your Florida divorce… find out how.
The specifics of your situation affect your choices in a military divorce. For many in the service, an uncontested divorce is the fastest way to start over and move forward. Current military status, the length of your marriage, children, property ownership all affect your divorce. Please call the Law Office of Sacks & Sacks for a free initial consultation with a licensed Florida attorney.
Divorce comes in many different forms. One area of divorce law which is very common here in the Jacksonville area, is military divorce. It is an extremely stressful area of the law as active service members are constantly being transferred or deployed and those factors create a fear of uncertainty as to how a divorce can take place if the party(s) are constantly moving. Military divorce is governed by many state and federal laws that a lawyer must be aware of so that you do not lose certain rights that your are entitled to. At the Law offices of Sacks & Sacks, our lawyers have the experience and abilities to protect you and your family under these various laws.
It is important to note that in Florida, when dealing with a military divorce or a non military divorce, there are many similarities. However, it is equally important to note that there are differences between the two types of divorce that have to be acknowledged and accounted for. Please take the time to review some examples of how the various laws work when dealing with a military divorce:
- Whether the divorce is a military or non military divorce, a party must be personally served in order for the state of Florida to have jurisdiction over your case.
- Under the soldiers and sailors civil relief act, 50 usc 521, and under the discretion of the court for which the case is filed in, a military divorce proceeding may be postponed for the entire time an active service member is on duty. In addition, a judge can tack on an additional sixty (60) days so as to give the service member additional time to prepare. It is important to note, the active service member has the option of waiving the postponment by executing a document stating as such, and filing that document with the court. Also, either spouse may also waive their right to be personally served by executing a document stating as such.
- A military divorce can be initiated in Florida by either the active member or the spouse, so long as the active member is stationed in Florida. Being stationed in Florida counts toward the 6-month residency requirement to file in Florida, no matter where the active member actually is. If you are in the military, please call one of our attorneys to find out how being stationed in Florida affects your ability to file.
- If you and your military spouse have been married for 10, 15, or 20 years while the military spouse has been active duty, you are entitled to certain benefits that you must be aware of.
- Whether you are entitled to survivor benefits.
- There are also special laws which govern the distribution of property when dealing with a military divorce. If you are not aware of these laws, you may be signing away your rights without even knowing it!
As always, at the law offices of Sacks & Sacks, P.A., our attorneys make sure that you are also aware of the different benefits that you are entitled to. Whether you are military or non military, always keep in mind whether you are entitled to: alimony, child support, temporary support and needs pending the outcome of your case, how you will receive your pension beneifts and if you are entitled to permanent or long-term benefits, based upon the length of your marriage.
At the law offices of Sacks & Sacks, P.A., we truly hope that you and your spouse can salvage your marriage and lead happy, productive lives. However, we realize that in a lot of cases that cannot be accomplished. If you believe that your marrigae cannot be salvaged and need the assistance of an attorney, please contact the law offices of Sacks & Sacks, P.A. We’re here to meet your legal needs but also to give you the emotional support that you need during this most difficult time.
If you or your spouse is an active service member in the United States Army, Navy, Air Force, Marines or Coast Guard, call the Law Office of Sacks & Sacks today at (904) 396-5557 for professional legal advice on your Florida military divorce. Click here to visit the contact page, or just use the email form to the left to set up a free consultation.
photo credit: Official U.S. Navy Imagery