A military divorce is one in which one of the parties is an active duty service member, reserve or guard, or retired military personnel. A service couple considering a divorce must meet the same requirements as a civilian couple. However, being in the military and/or having a spouse in the military can present challenges unfamiliar to civilian couples, such as having a spouse permanently stationed overseas or having a spouse assigned to active duty in a remote area. These challenges can prolong the divorce process and make effective communication difficult. If you or your spouse are a member of the armed forces and you are considering dissolution of marriage, The Law Office of Knellinger & Associates in Gainesville, Florida can assist you.
Our Gainesville family law attorneys are knowledgeable about the specific laws regarding military divorce in Florida. We understand that a military divorce is often times not simple and straightforward, especially when issues like child support, spousal support and military retirement pay and pension plans are involved. Our lawyers use their family law knowledge and experience to help clients through the divorce process and negotiate satisfactory solutions to the complex issues specific to each client’s individual situation.
Unlike a civilian couple, the divorce of a service couple can create unique problems and certain laws and rules have been established to protect both parties. Service couples going through the divorce process are governed by the Uniformed Services Former Spouses’ Protection Act, which calculates how military retirement benefits are divided upon divorce. The USFSPA decides if and how much of a military retiree’s pay should go to the former spouse. Couples must be married for at least 10 years while the service member has been active duty military personnel in order for the non-service member spouse to qualify for direct payment of retirement benefits. Service couples are also governed by the Soldiers and Sailors Civil Relief Act, which states that a divorce proceeding may be postponed for the entire time the active service member is on assignment and for up to 60 days afterwards. Our legal team is knowledgeable about these matters and much more.
We understand that ending a marriage can be very difficult. Consult with one of our family law attorneys, Richard Knellinger, Sarah Evander, or Christopher Hopkins at the Law Office of Knellinger & Associates to find out how we can guide you through the divorce process.
The Law Office of Knellinger & Associates provides legal advice and representation for individuals, entrepreneurs, and business owners in Gainesville, Florida, and communities throughout north central Florida, including cities such as Ocala, Starke, Palatka, Lake City, Middleburg, Trenton, Bronson, Lake Butler, Cross City, Williston, Chiefland, Alachua, Jasper, Live Oak, and Jacksonville, Florida.
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