Military Divorces and Divorce Law – Tampa Bay
If you or your spouse are active duty military and looking for a military divorce attorney in Pasco County, Hernando County, Wendy Doyle is ready to represent you. Military divorces are subject to a variety of circumstances, mainly regarding jurisdiction, division of retirement benefits and parental relocation.
Military Divorces and Jurisdiction
Florida Divorce Law provides an exception for active duty military personnel who are seeking to file for divorce.
Divorcing couples who are active duty may file in the State where they are stationed or they can file for a divorce in the State under the following guidelines.
- Where You Have Permanent Residency
- Where You Own Property
- Where You Last Resided as a Married Couple
Deciding where to file for a divorce can seem complicated so it’s important to consult with a Tampa Bay Military Divorce Attorney who is experienced in this area of family law. Wendy Doyle-Palumbo can help you to determine whether filing for a divorce in Florida would be in your best interest, and can also discuss and navigate through the various challenges that military couples most often encounter when divorcing.
Military Affidavits and Divorce
The Soldiers and Sailors Civil Relief Act of 1940 governs the law that states that every person who is filing for a dissolution of marriage must file a Military Affidavit declaring whether one or both spouses are members of the military and if so, whether or not they are on active duty. Please discuss with your divorce attorney the specifics and purpose of this declaration.
Division of Property
Division of property or equitable distribution is the same for military divorces in Florida, however questions about the division of military retirement plans often arise. The length of service in the military not the duration of the marriage actually determines whether a spouse is entitled to military benefits paid directly from the military. State Statutes govern entitlement to your spouse’s military benefits, and although you may not meet the service requirement of a minimum of 10 years, a judge can still set forth a direct payment plan based on entitlement. A court cannot order retirement benefits to be paid directly from the military if the duration of service is in question, however, the courts can award a payment obligation that would come directly from your spouse.
Division of Military Retirement Plans – There are many unique circumstances specific to the division of a military retirement. It’s important to discuss this with a family law attorney. You can read more below, or to speak directly with Attorney Doyle-Palumbo, please fill out the form below or call 727-824-5727 to schedule a consultation.
Wendy Doyle-Palumbo, Esq.
Serving Pasco County, Hernando County & Citrus County, Florida
Wendy Doyle-Palumbo is a Pasco County Personal Injury Trial Lawyer representing victims who have been injured by the negligence of another. Representing those who have been personally injured in Pasco, Hernando, and Citrus County, Florida. Compassionate, aggressive, and experienced personal injury attorney fighting for your rights to compensation under Florida Law.