Winter Park Military Divorce Attorney
Experienced Florida Family Lawyer Assisting Military Couples with Divorce Proceedings
Divorce is an unfortunate fact of life for many couples. Both civilian and military marriages struggle with a breakdown in the relationship caused by financial stress, spouses growing apart, poor communication, infidelity, lack of intimacy, and dozens of other reasons. Sadly, the military lifestyle is very tough on relationships due to the high demands of the job and long periods away from the family. Across all fields, military workers of all ranks are the most likely to be divorced by the age of 30, according to Market Watch. Military divorce is much different than civilian divorce in other ways as well, such as asset division, custody, where the divorce can be filed, and much more. Our experienced Winter Park military divorce attorneys at The Troum Law Firm, P.A. can help you along the way.
What State Should the Divorce Be Filed In?
Because servicemembers are often stationed in different states or even overseas, figuring out where to file the divorce is the first step. The divorce should be filed in the state that the servicemember is currently stationed, in the state where the non-military spouse is living, or in the state that the service claims residency. The spouse filing the divorce will typically file with the state that they live in. As either a servicemember or a non-military spouse, you have the ability to file for divorce even when you or they are overseas.
The Servicemembers Civil Relief Act
When a servicemember is on active duty, they have special rights under the Servicemembers Civil Relief Act. Under the Act, the servicemember can be granted an extension for responding to the divorce papers and to attending civil court proceedings. Protections from default judgements for failing to appear can also be awarded to the servicemember under the Act.
Military Pension
Non-military spouses are usually entitled to some portion of the servicemember’s pension. For those who have been married for under 10 years, the court will decide upon a percentage that is deemed fair, and your spouse will be responsible for making payments directly to you. For marriages that have lasted for more than 10 years of service, the non-military spouse is eligible to receive their portion of the pension directly from the Defense Finance and Accounting Service. This 10/10 rule does not have an effect on how much of the pension her or she will receive.
The 20/20/20 Rule For Healthcare
According to Military.com, a non-military spouse may qualify for lifetime healthcare benefits under the 20/20/20 rule if they remain unmarried and:
- The non-military spouse was married to the servicemember for at least 20 years;
- The servicemember has completed at least 20 years of service eligible for retired pay; and
- The non-military spouse was married to the service member for at least 20 years of retirement-credited service.
A Winter Park Military Divorce Attorney Can Help
Military divorce is often times more complicated than civilian divorce. Our lawyers are experienced in handling all matters of military divorce, including child custody, child support, maintenance, division of property and pension, healthcare, and much more. Call the Winter Park military divorce attorneys at The Troum Law Firm, P.A. today at 321-428-2247 to schedule a consultation.
