Military Divorce
With Mac Dill Air force base only a few miles South of Downtown Tampa, a Tampa Family Attorney must be comfortable understanding the ins and outs of military divorce law. Military Divorce Law includes Federal laws, Federal Cases with the Judge defining these laws, and Florida State Court Cases with Judges interpreting how the Federal Laws effect your Tampa Divorce Case.
Service Member Relief Act and Effect on Your Divorce
The Service Member Relief Act, or the “SMRA”, was signed into law in 2003 by President George Bush. Most importantly, this law grants an absolute right for a service member party of the law suit to stop the case, or”stay” the matter,for a period of time while the solder is serving over seas.
The act requires a minimum stay of at least 90 days, or 3 months once granted, but may be granted for longer at the Judges discretion. A mandatory stay will take effect if the following conditions are met:
- The party to the divorce is in the military service
- The party to the divorce has notice of the divorce proceeding
- The party to the divorce files an application that is in writing, and includes facts stating how military service materially affects ability to appear, and a date when the soldier may appear, and
- The application includes a communication from the soldeir’s commander that the military duty prevents appearance, and leave is not available.
In such a case, the part to the divorce who is serving his country overseas is able to stay the divorce matter, if desired, until such time as the party is back and able to partake in the proceeding. With that said, there is no requirement that the party to the divorce delay the proceeding. Most counties in the area, including Hillsborough and Pinellas County, have enabled audio-video capabilities that allow the service member to participate int he proceeding from far away. Such attendances telephonically or by video do often require the consent of the other party or the Judge, depending on the length of the hearing and the issues to be determined.
Retirement Issues with Military Divorce
There is a common misunderstanding among military men and women regarding military retirement and disability accounts. The misunderstanding is that the non-military spouse may not be entitled to a percentage of the military spouses retirement upon retirement if the parties were not married for ten years. This is incorrect.
Under 10 U.S.C 1048, the State Courts have the power and authority to divide up retirement accounts just as if the case was a civilian divorce. In certain fraudulent circumstances, the State Court may also divide up disability benefits (such as when a retired military servicemen attempts to move or shift retirement into disability to frustrate the former spouses ability to collect retirement).
In all cases, the military spouse will likely be liable to pay his ex spouse a percentage of his retirement, depending on the length of marriage or number of years of marriage that the spouse was serving in active duty. The misunderstanding comes from the 10/10 rules, which gives the a direct payment option from the Department of Defense to the former spouse only in cases where the parties’ were married for ten years and the military spouse served ten years in the military.
Child Relocation Issues with the Military Time-sharing Parent
Another common issues regarding military parent is child relocation. Military service men and women often must relocate on a regular basis, when their orders come. However, in spite of the Orders, military servicemen and servicewoman are still responsible and held to follow Florida State law regarding
child relocation to another state. A Petition must be filed and heard by the Judge, or else the parties must consent and agree to the relocation for it to be legal. Otherwise, the parent relocating risks being held in contempt of court or having her timesharing modified by the Judge.
Child Time-sharing Issues With Relocating Parent
The Orders for the Military parent can make settling on a permanent timesharing arrangement a difficult issue. What if the party is overseas today, but will be stationed near home tomorrow? When crafting a timesharing plan or parenting plan, the courts are drafting a permanent agreement. The military divorce attorney must think through and discuss with his client the different possibilities that may change the timesharing situation, and ways to address these problems.
Free Consultation With a Military Divorce Attorney in Tampa, Florida
Call today to schedule a free thirty (30) minute consultation to discuss the issues that are unique to your military divorce. Ask to speak directly to a
divorce attorney.
