Fleming Island Military Divorce Attorney

Protecting the Rights of Military Service Members & Their Spouses

Divorce is a complex process, but when one or both spouses are in the military, the process can become even more complicated. Military divorces involve unique issues, such as determining jurisdiction, dividing military pensions, and calculating child support when one parent is deployed overseas.

At Owenby Law, P.A., we understand the unique challenges that military families face when going through a divorce. Our Fleming Island military divorce lawyers are here to help you navigate the process and protect your rights every step of the way.

Contact us today at (904) 770-3141 to let our firm help you through this challenging time.

What Makes Military Divorce Different?

A military divorce is a dissolution of marriage involving at least one spouse who is an active-duty service member or retired from the military. These divorces have unique aspects due to the nature of military service, which can influence various aspects of the divorce proceedings.

Here are some common issues related to military divorces:

• Deployment and Service Requirements: Deployments, frequent relocations, and the demands of military service can strain marriages and impact custody arrangements, visitation schedules, and overall family stability.
• Jurisdictional Challenges: Determining which state has jurisdiction over the divorce proceedings can be complicated, especially if one or both spouses are stationed in different states or countries.
• Division of Military Pensions and Benefits: The Uniformed Services Former Spouses' Protection Act (USFSPA) governs the division of military pensions and benefits, specifying conditions under which the former spouse may be entitled to a portion of the service member's retirement pay.
• Child Custody and Support: Military service can significantly affect child custody and support arrangements, especially during deployments or relocations. The service member's unpredictable schedule may necessitate specific provisions to accommodate custody agreements.
• Healthcare and Benefits: Military spouses may lose access to certain benefits like healthcare coverage once the divorce is finalized. The duration of eligibility for benefits post-divorce depends on various factors, including the length of the marriage and the service member's years of service.
• Relocation Issues: When a military service member is reassigned or relocated, it can impact visitation schedules, custody arrangements, and overall family dynamics, requiring modifications to existing court orders.
• Support Payments: The calculation of spousal support or alimony may be influenced by the service member's income, allowances, and housing benefits.
• Military Housing: Determining who gets to stay in on-base housing or the division of housing allowances can be part of the divorce settlement.

These issues often require a nuanced understanding of military regulations and state laws. Seeking legal counsel experienced in military divorces can be imperative to navigating the complexities and ensuring fair outcomes for both parties involved.

How Long Do You Have to Be Married to Get Half of a Military Pension?

The Uniformed Services Former Spouses' Protection Act (USFSPA) governs the division of military pensions in divorce cases. It does not automatically entitle a former spouse to half of a military pension after a specific duration of marriage.

Instead, the USFSPA allows states to treat military pensions as marital property subject to division during divorce proceedings. The length of the marriage is a factor in determining whether a former spouse is eligible for a share of the military pension, but there's no set requirement for an exact 50% split.

Generally, if the marriage overlaps with the service member's military service for at least 10 years, it opens the possibility for the Defense Finance and Accounting Service (DFAS) to make direct payments to the former spouse. However, the court has discretion in deciding how much of the pension a former spouse may receive based on various factors, including but not limited to:

• Duration of the marriage overlapping military service: Marriages lasting at least 10 years during the service member's military service may allow direct payment of the pension to the former spouse by DFAS, but the actual division percentage is determined by the court.
• State laws: While Florida doesn't have specific formulas for dividing military pensions, the court assesses various factors to determine a fair distribution. These factors include the duration of the marriage, each spouse's contributions, their financial circumstances, and other relevant aspects of the case. Unlike community property states that often split assets 50/50, Florida's equitable distribution aims to achieve a fair outcome considering the individual circumstances of the divorcing couple. Therefore, the division of a military pension in Florida divorces isn't solely based on the length of the marriage, but rather on a holistic evaluation by the court.
• Other assets and agreements: Courts consider the overall distribution of assets and agreements between the divorcing parties. A fair division might involve other assets or compensatory arrangements in lieu of a direct split of the pension.
• Contributions and circumstances: The court may also consider factors such as each spouse's contributions to the marriage, earning capacity, financial needs, and any other relevant circumstances.

It's essential to consult with a divorce attorney experienced in military divorces to understand the specific laws in your state and how they apply to your situation. Each case is unique, and the division of a military pension depends on various factors beyond just the duration of the marriage.

Get the Legal Support You Need

At Owenby Law, P.A., we understand the unique challenges that military families face when going through a divorce. Our Fleming Island military divorce lawyers are here to help you navigate the process and protect your rights every step of the way.

Call (904) 770-3141 or contact us online to request a confidential consultation.

Orange Park Military Divorce Lawyer

Serving Those Who Serve

When you are going through a military divorce, you may be dealing with a number of unique challenges. You may be worried about how your military benefits will be affected by the divorce. You may be concerned about how the divorce will affect your future, both during and after your time in the military. You may also feel that the stresses of your current situation may be affecting your performance in the military.

At Owenby Law, P.A., we understand how military divorces work and can help you navigate the process. Our team can help you file the necessary paperwork, ensure that your benefits are protected, and help you understand the legal and financial implications of your divorce. We can also help you understand how your divorce will affect your military career and make sure you are receiving the support you need to succeed both in and out of the military.

Call (904) 770-3141 or contact us online today to schedule an initial consultation.

Understanding Military Divorce in Florida

Military divorce in Florida is a legal process through which a married couple with one or both spouses being active-duty military members, reservists, or veterans seeks to end their marriage or address related legal issues. The process follows Florida state laws and federal regulations governing military divorces. While many aspects of a military divorce are similar to civilian divorces, there are unique factors and considerations due to the military status of one or both spouses.

Common factors in a military divorce in Florida include:

• Residency Requirements: In Florida, at least one of the spouses must meet the state's residency requirements to file for divorce. For active-duty military members, these requirements can often be met through their military station assignment in the state or their home of record.
• The Servicemembers Civil Relief Act (SCRA): The SCRA provides certain legal protections for active-duty military members, including a stay on civil legal proceedings. This means that if a military member is on active duty, the divorce process may be delayed until they can actively participate in the proceedings.
• Division of Military Pensions: Military pensions are considered marital property and are subject to division in a divorce. Florida follows equitable distribution laws, which means that military pensions will be divided fairly between the spouses. The Uniformed Services Former Spouses' Protection Act (USFSPA) governs the division of military retirement pay, and specific rules apply.
• Child Custody and Support: Child custody and support issues are resolved similarly to civilian divorces, with a focus on the best interests of the child. Military service and frequent deployments can complicate these matters, and Florida courts will consider the military parent's ability to provide for the child's welfare.
• Deployment and Custody: Deployment and temporary duty assignments can affect child custody arrangements. Florida courts often address how deployment or relocation will impact the custody and visitation rights of the military parent, aiming to preserve the parent-child relationship as much as possible.
• Alimony and Child Support: Alimony and child support payments are determined based on the income and financial resources of each spouse. Military income, including allowances, special pay, and bonuses, is considered when calculating these support obligations.
• Military Insurance and Benefits: Divorcing military couples may have issues related to health care benefits, housing allowances, and other military benefits. The court may specify how these benefits are provided to the non-military spouse and dependents.
• Jurisdictional Issues: Military divorce cases may involve jurisdictional complexities, especially if the military member and their spouse are stationed in different states or have different legal residences. Determining the appropriate court to handle the divorce case is crucial.
• Expedited Proceedings: Some military divorces can be expedited due to the unique circumstances of military service. The Servicemembers Civil Relief Act allows for certain protections and deferrals in legal proceedings, but it also permits the active-duty member to waive these protections to expedite the divorce process if they wish.
• Legal Representation: It is essential for both spouses to have legal representation. Active-duty military members can consult with a legal assistance attorney, and civilian spouses should also seek their own legal counsel to protect their rights and interests.

Military divorce in Florida involves these and other specific factors that distinguish it from civilian divorces. It's important to consult with an attorney experienced in military divorce to navigate the unique legal issues and ensure a fair resolution.

We Are Here to Help

Owenby Law, P.A. understands how stressful and overwhelming a military divorce can be. Our team is here to help you navigate the process and get through your divorce as quickly and painlessly as possible. We are committed to building lasting and trusting relationships with our clients and will go above and beyond to ensure that they are represented and protected throughout the process.

Our firm is dedicated to providing you with the personalized attention and high-quality service you deserve. We are committed to providing you with the level of representation you need and deserve, no matter how large or small your particular case may be. Our team will work hard to make sure you get the results you are looking for.

To schedule a consultation with our team, call us at (904) 770-3141 or contact us online today.

Jacksonville Military Divorce Attorneys

Need Help with a Military Divorce in Florida? Contact Owenby Law, P.A.

If you are a soldier stationed at home or abroad, we at Owenby Law, P.A. understand the difficulty and stress that Marines, Army, Air Force and Coast Guard personnel have with constant travel and relocation requirements.

It is difficult enough for most families, but great distances and multiple long deployment periods away from spouses and children creates a very high divorce rate among military personnel.

Over the years, Owenby Law, P.A. has helped thousands of clients navigate the Florida divorce process— including military personnel and military spouses. When you work with our Jacksonville military divorce attorneys, you can rest easier knowing that you have a team of legal advocates in your corner.

Handling Military Divorces in Florida for More Than 20 years

One of the biggest concerns that military men and women face when they begin the process of dissolving their marriage is what will happen to their military pension if they get divorced. Owenby Law, P.A. has been handling military divorces since 2004 and is dedicated to helping U.S. military families around the world. We can help you facilitate an equitable military divorce if either you or your spouse is a Florida resident.

We help military personnel facilitate a divorce through phone conversations, mail and e-mail. Our team works quickly because we understand the stress that soldiers endure in the service of their country. Our military divorce lawyers work diligently to ensure that your career and/or pension remain intact. We know the ins and outs of the military retirement system and military benefits, such as a thrift savings plan or "TSP.”

St. Augustine Military Divorce Attorneys

We Proudly Represent Military Personnel & Their Families

Military service members and their spouses face unique relationship challenges that could strain the bonds of any marriage. While all relationships cycle through phases of highs and lows, spouses in military marriages also need to endure secrecy, long tours of duty, and countless personal anxieties. When couples grow apart and start yearning for incompatible futures, divorce may be their best and only option.

At Owenby Law, P.A., we understand the many personal and financial challenges that tend to encompass a military divorce. Our St. Augustine divorce lawyers have over 125 years of collective legal experience and the resources to effectively guide you through each step of this challenging legal process. We always work as a team to make sure each client receives the attention and advocacy they deserve. With our help, you can secure a beneficial marital settlement agreement or divorce decree that safeguards your pension, assets, and custody rights.

The Challenges of a Military Divorce

The divorce process can get extremely complicated when one spouse is deployed overseas. Fortunately, all military personnel are protected by state and federal laws, including the Servicemembers Civil Relief Act (SCRA). Congress originally passed SCRA to prevent litigants – including civilian spouses – from filing actions against active-duty personnel without first securing a court order.

Per SCRA, a tribunal can issue a “stay of proceedings” that suspends a civil case until the deployed spouse can serve as an active participant. This protects servicemembers from coming home to default divorces and one-sided court orders. However, there are other critical issues and contingencies that can impact the outcome of a military divorce case. For this reason and more, it’s important that both spouses retain skilled and knowledgeable legal representation as soon as possible.

At Owenby Law, P.A., we represent:

• Army divorces
• Air Force divorces
• National Guard divorces
• Marine divorces
• Navy divorces

In a military divorce, spouses still need to make determinations regarding debt allocation, asset and property division, child custody, and spousal support. During your initial appointment, we can discuss your personal circumstances and explore your legal options. We can also address any concerns you have regarding your military benefits and pension. By understanding your needs and family dynamics, we can develop a personalized legal strategy that settles your case within a reasonable and cost-effective time frame. Whether your case necessitates collaboration, negotiation, or litigation, you can trust that we’ll stand by your side and work tirelessly to achieve a positive case outcome on your behalf.

Schedule a Consultation

At Owenby Law, P.A., we’re committed to helping our clients achieve favorable case resolutions. We understand how complicated the divorce process can be, particularly for military personnel and their families. Our legal team is well-versed in the various laws and regulations that influence military dissolutions of marriage in Florida. If you’re ready to start a new and positive chapter in your life, contact our full-service law firm today.