All divorces can be stressful, confusing and emotional. When one or both spouses are in the military, the complexities can increase significantly. Since military divorces involve additional legal issues which need to be properly addressed, you need an experienced Orlando Family Law Attorney by your side. Call us today to discuss your Orlando Military Divorce.
It is critical that you have an experienced Orlando Military Divorce Attorney who has a thorough understanding of military issues and has handled military divorce cases with success! Call the Law Office of Erin Morse today to discuss your case and how the status as a military spouse can affect your Orlando Divorce or your Orlando Child Custody matter.
While there are some aspects of a military divorce which are exactly like a civilian divorce, there are a number of unique issues associated with military service. Some of these issues include:
Determining pension benefits for the non-military spouse;
Deciding where to file divorce papers;
Determining whether post-divorce benefits apply;
Calculation of child support and spousal support;
The 20/20/20, 20/20/15, and 20/20/10 Rules; and
Ownership of a home which has a VA loan.
Serving Divorce Papers to an Active Military Spouse
Both state and federal laws will apply in your Orlando military divorce. It is important to know that laws exist which prevent military spouses from being adjudicated as being in default for failure to act on an unexpected divorce due to their active deployment or other military service. Fla. Stat. 61.1300 provides that proceedings shall be suspended during the time a military spouse is on active military duty, and for up to 60 days or longer. While the military spouse may take advantage of this Act, that spouse also has the right to waive the Act and move forward with the divorce.
The non-military spouse must have the military spouse on active duty served with the divorce action as well as a summons, and this must be done in person in order for an Orlando court to maintain jurisdiction. If the military spouse signs and files an affidavit which acknowledges the divorce action, he or she may not have to be served. Grounds for an Orlando military divorce are the same as those for a civilian divorce; most divorces today are filed under “no-fault” laws, and simply claim “irreconcilable differences.”
How an Experienced Orlando Military Divorce Attorney Can Help
It is virtually never a good idea for a non-military spouse to try and circumvent military notification requirements. Should your divorce petition fail to disclose your spouse’s military status, any type of default judgment could potentially be set aside. Because there are additional issues associated with an Orlando military divorce, you will want to ensure your rights are properly protected.
Our Military Divorce Team can evaluate your case carefully and properly, trust you will be in good hands at the Law Office of Erin Morse. Call us today to get started!
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