Orlando Military Divorce Lawyer
Divorce is a challenging and emotional process for any couple, but military families face unique legal and logistical considerations. If you or your spouse is an active-duty service member or retired military personnel, it is crucial to understand the differences between civilian and military divorces. From residency requirements to the division of military pensions, there are several factors that must be carefully navigated to ensure a fair and legal outcome. If you are considering ending your marriage, an Orlando military divorce lawyer at Donna Hung Law Group can guide you through every step of the process and protect your interests.
Unique Considerations in Military Divorce
Unlike civilian divorces, military divorces involve laws and regulations that apply specifically to service members and their spouses. Some of the key considerations include:
Residency and Jurisdiction
Military families often move frequently, making residency requirements an important factor in filing for divorce. In Florida, a divorce can be filed if either spouse has been a resident of the state for at least six months. However, for military personnel stationed in Florida, residency may be established even if their home of record is in another state. An attorney can help determine the best jurisdiction for filing.
Division of Military Benefits
One of the most complex aspects of military divorce is the division of military pensions, retirement accounts, and benefits. The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to treat military retirement pay as marital property, subject to division in a divorce. The 10/10 rule applies in some cases, meaning that if the marriage lasted at least ten years and overlapped with ten years of military service, the spouse may receive direct retirement payments from the Defense Finance and Accounting Service (DFAS). Spousal benefits, such as TRICARE and access to military base privileges, may also be affected.
Deployment and Divorce Proceedings
Service members who are deployed may not be able to respond to divorce proceedings immediately. The Servicemembers Civil Relief Act (SCRA) provides legal protections that allow active-duty military members to request a stay, or delay, in divorce proceedings while they are serving. This law ensures that military personnel are not disadvantaged in court proceedings due to their service obligations.
Child Custody and Support
Child custody arrangements can be particularly complicated in military divorces, especially when one parent is subject to deployments, relocations, or changes in duty stations. Florida family courts prioritize the best interests of the child when determining custody and parenting plans. If one parent is deployed, a family care plan may need to be established to outline how the child will be cared for in their absence. Additionally, child support is determined by Florida state guidelines, but military pay, including basic pay, housing allowances, and special duty pay, must be considered in the calculations.
What to Do If Considering Military Divorce
If you are considering a military divorce, proper planning and legal guidance are essential. Here are key steps to take:
- Understand Your Rights and Obligations: Before proceeding with a divorce, it is important to understand how military laws and Florida family law will impact your case. Whether you are the service member or the spouse, consulting with a knowledgeable attorney can clarify your legal rights and obligations regarding child custody, spousal support, and asset division.
- Gather Financial and Military Records: A successful divorce case requires thorough documentation. Collect financial records, including military pay statements, retirement account details, housing allowances, and any relevant benefits. Additionally, service members should provide Leave and Earnings Statements (LES) to accurately assess their income.
- Determine Custody and Parenting Plans: For couples with children, it is essential to discuss custody arrangements early in the divorce process. If one parent is in active service, a clear plan must be in place to accommodate deployments, training assignments, and possible relocations. Working with an attorney can help ensure a fair and enforceable custody agreement.
- Explore Mediation and Alternative Dispute Resolution: Litigation is not always the best option for military divorces. Mediation and collaborative divorce approaches can help couples reach amicable agreements without the stress and expense of court battles. A skilled attorney can help facilitate discussions and create mutually beneficial solutions.
Orlando Courthouse Information
Military divorce cases in Orlando are typically handled in the Orange County Courthouse, which serves as the central location for family law matters.
Orange County Courthouse
Address: 425 N. Orange Avenue, Orlando, FL 32801
Phone: (407) 836-2000
Website: www.myorangeclerk.com
The Family Court Division oversees divorce filings, child custody disputes, and other family law matters. If you need to file for divorce, you may submit your petition at the Clerk of Courts office or online. Court hours are generally from 8:00 AM to 5:00 PM, Monday through Friday, excluding holidays.
Serving Throughout Orlando
- Lake Nona
- Baldwin Park
- College Park
- Winter Park
- Thornton Park
- Dr. Phillips
- MetroWest
- Hunters Creek
- Avalon Park
- Windermere
- Celebration
- Waterford Lakes
- Mills 50 District
- Audubon Park
- Conway
- South Eola
- Bay Hill
- Lake Como
- Lake Mary
- Vista Lakes
Contact A Skilled Orlando Military Divorce Lawyer
Navigating a military divorce requires specialized legal knowledge and a dedicated approach. The attorneys at Donna Hung Law Group have extensive experience handling military divorces in Orlando and understand the unique challenges service members and their spouses face.
- Personalized Legal Strategy: Every military divorce is different. The firm provides tailored legal strategies to protect your financial and parental rights.
- Expertise in Military Benefits: The legal team ensures proper division of military retirement, VA benefits, and spousal entitlements.
- Child Custody Advocacy: If you have children, Donna Hung Law Group fights to create a custody plan that works for your family’s unique circumstances.
- Mediation and Negotiation: The firm prioritizes resolving disputes efficiently through mediation while being fully prepared for litigation if necessary.
If you are facing a military divorce in Orlando, having the right legal representation can make all the difference. Contact an Orlando military divorce attorney at Donna Hung Law Group today to discuss your case and start protecting your future.
