This article will discuss the ins and outs of a military divorce. The term military force refers to a divorce where at least one of the couple is on active duty in the military. Unfortunately, the divorce rate concerning the three couples is on the rise. It has been steadily increasing, according to the Defense Department, for the last decade. The divorce rate has increased from 2.6% in 2001 (beginning of Afghanistan operations) to 3.7% in 2011.
In general, people who are in the military and our getting divorced must follow the same procedure as people were not the military. The military views forces as a product civil manner for the civilian courts and commanders rarely get involved in domestic situations. Although the procedures for military divorces are the same as for civilian divorces, there are additional factors that must be considered. For example, Florida has a relaxed residency requirement for active-duty service personnel. Pursuant to Florida statute, any person in any branch of the Armed Forces of the United States, and the husband or the wife of any such person, if they are living within the state of Florida it is sufficient evidence of their Florida residency. Furthermore, Florida Courts have recognized an exception to the statutory definition, so as to allow members of the military to seek divorce in Florida without proving their actual presence in the state during the six-month statutory period before filing their petition for dissolution of marriage.
The Law offices of West Palm Beach divorce attorney, Jessica Mishali, is highly experienced in representing parties where at least one party is a member of the Armed Forces. We routinely represent persons who are overseas, in the military and wish to obtain a divorce. We take pride in handling these matters with utmost care with the aid of four decades of experience.Service Members Civil Relief Act
This federal law helps protect service members' legal rights when they are on active duty. If a service member is served with divorce papers and they don't wish to proceed they can obtain a "stay" or postponement of the court case upon a showing that the military service events that from asserting protecting a legal right such as an upcoming deployment.
In order to obtain a default judgment against a spouse (for not timely responding to a petition and summons) the petitioner in a divorce case must provide an affidavit stating that the party to be defaulted is not in the military service. If the party is in military service, the court will appoint an attorney to represent that person's interest usually resulting in a delay of the preceding.Uniform Services Former Spouses Protection Act (USFSPA)
The USFSPA is a federal law covering military personnel concerning issues such as child support, spousal support (alimony) and military retirement pay/pensions. The federal law guides military personnel to accept state statutes on addressing such issues. Federal law permits states to classified military retired pay as property, instead of income.Military Retirement Pay/Pension
Ex-spouses who have been married 10 years overlapping with 10 years of service can receive direct retirement payments from the Defense Finance and Accounting Service. The ex-spouse is limited to receiving no more than 50% of the military retirement pay. It is also possible to receive child support from the pension. The maximum combined amount that can be deducted is 65% of the disposable retirement pay.Thrift Savings Plan
A spouse can also receive the marital portion of the military persons thrift savings plan. It is treated by the court the same way as a 401 (K). The court order must meet certain requirements that are different from a civilian court order the disbursement of pensions and retirement funds.Contact a West Palm Beach Divorce Attorney
At the law offices of West Palm Beach divorce attorney, Jessica Mishali, we handle the full range of the voice of family law matters. We are dedicated to protecting your rights with professional excellence. Please contact West Palm Beach divorce attorney, Jessica Mishali at (561) 833-2772 or contact us online for a consultation.