Filing for Divorce While Deployed: What Florida Military Spouses Need to Know
Filing for divorce while one spouse is deployed is a challenging situation that requires careful legal and emotional navigation. For military families, deployments, long-distance communication, and military-specific rules can create complexities that civilian divorces often do not encounter. However, with the right guidance and preparation, it is possible to manage the process effectively while ensuring the rights and interests of both parties are protected.
In this guide, we’ll explore the unique considerations for military divorces during deployment, the legal protections available under federal and state laws, and practical tips for service members and their spouses in a Tampa military divorce.
Can You File for Divorce While Deployed?
Yes, it is entirely possible to file for divorce while a service member is deployed, but doing so requires additional steps and considerations. Florida family courts handle military divorces regularly and are experienced in accommodating the challenges that arise from deployments. Federal laws like the Servicemembers Civil Relief Act (SCRA) and Florida’s military-friendly policies ensure that deployed service members can participate in the divorce process without being unfairly disadvantaged.
Key Challenges of Filing for Divorce While Deployed
1. Jurisdiction Issues
Jurisdiction determines which court has the authority to handle the divorce. For military families, deployments and frequent relocations can complicate jurisdictional questions.
- Florida’s Residency Requirement
At least one spouse must meet Florida’s residency requirement to file for divorce. Service members stationed outside of Florida or deployed overseas may still qualify if:- Florida is listed as their home of record or domicile.
- They intend to return to Florida after their service.
- Filing Remotely
Deployed service members can file for divorce in Florida through their attorney, ensuring compliance with the state’s jurisdictional requirements.
2. Communication Barriers
Deployments often create significant barriers to effective communication due to time zone differences, limited internet access, and military obligations.
- Technology Solutions
Video calls, email, and co-parenting apps like OurFamilyWizard can facilitate communication with attorneys, the other spouse, and even the court. - Legal Representation
A Tampa military divorce lawyer can act as a liaison, ensuring the deployed service member’s voice is heard throughout the process.
3. Legal Protections Under the Servicemembers Civil Relief Act (SCRA)
The Servicemembers Civil Relief Act (SCRA) provides critical protections for deployed service members involved in civil proceedings, including divorce.
- Stays of Proceedings
Under the SCRA, deployed service members can request a stay (temporary delay) of divorce proceedings if their military duties prevent them from participating.- An initial 90-day stay is granted automatically upon request. Additional extensions may be granted if necessary.
- Protection Against Default Judgments
Courts cannot issue default judgments against a deployed service member without appointing legal representation to protect their interests.
4. Division of Assets and Military Benefits
Deployments can complicate the division of marital property, particularly when it comes to military-specific benefits like pensions and healthcare.
- Military Pensions
The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows Florida courts to divide military pensions as marital property. Deployed service members must ensure their portion is calculated accurately and fairly. - Survivor Benefit Plan (SBP)
Spouses may negotiate SBP coverage to ensure ongoing financial security after the service member’s death. - TRICARE and Healthcare Benefits
Former spouses may retain TRICARE coverage if they meet the 20/20/20 rule (20 years of marriage, 20 years of service, and 20 years of overlap).
5. Custody and Parenting Plans
For couples with children, deployment introduces unique challenges in determining custody and visitation arrangements.
- Temporary Custody During Deployment
Courts often grant temporary custody to the non-deployed parent while the service member is away. - Virtual Visitation
Deployed parents can maintain their relationship with their children through virtual visitation tools like video calls and messaging apps.
Steps to File for Divorce While Deployed
- Consult a Tampa Military Divorce Lawyer
An experienced lawyer can handle the logistics of filing for divorce, ensuring compliance with Florida and federal laws while protecting the service member’s rights. - Gather Documentation
Both spouses will need to provide documentation related to income, assets, debts, and military benefits. Deployed service members may need assistance from their legal team to collect these materials. - File the Petition
The petitioning spouse files the divorce paperwork with the appropriate Florida court. If the service member is deployed, their attorney can file on their behalf. - Serve Divorce Papers
The respondent must be formally served with the divorce petition. For deployed service members, this process is often handled through military channels. - Request an SCRA Stay, If Necessary
If the service member’s military duties interfere with their ability to participate, they can request a stay under the SCRA. - Participate Virtually in Hearings
Many Florida courts allow deployed service members to attend hearings remotely, using video conferencing or telephone.
Tips for Military Families Navigating Divorce During Deployment
For Deployed Service Members
- Designate a Power of Attorney
Assign a trusted representative to handle legal and financial matters on your behalf. - Stay Organized
Keep copies of important documents, including pay statements, retirement accounts, and custody agreements, in a secure but accessible location. - Communicate Clearly
Use available technology to maintain communication with your attorney and spouse throughout the divorce process.
For Spouses of Deployed Service Members
- Be Patient With Delays
The SCRA may result in temporary delays to protect the deployed spouse’s rights. Understanding this can help reduce frustration. - Work With a Military Divorce Lawyer
A knowledgeable attorney can help you navigate the complexities of military divorce and ensure your interests are protected. - Document Communication and Agreements
Keep detailed records of conversations, financial transactions, and any changes to custody or visitation agreements.
The Role of a Tampa Military Divorce Lawyer
Filing for divorce while deployed requires expertise in Florida family law and military-specific regulations. A Tampa military divorce lawyer can:
- File and manage the divorce petition on behalf of the deployed service member.
- Ensure compliance with SCRA protections and Florida residency requirements.
- Advocate for equitable division of assets, including military pensions and benefits.
- Assist with custody arrangements that account for deployment and relocation.
Conclusion: Navigating Divorce During Deployment in Tampa
Divorce during deployment is undoubtedly complex, but with the right legal support and a proactive approach, military families can navigate the process successfully. By understanding the unique challenges and leveraging the protections available under the law, service members and their spouses can achieve fair resolutions while minimizing stress.
If you’re navigating a Tampa military divorce during deployment, consult an experienced lawyer who understands the intricacies of military life. With the right guidance, you can protect your rights, prioritize your family’s needs, and move forward confidently.
At The McKinney Law Group, we provide professional legal services in family law, estate planning, and divorce to clients throughout Florida and North Carolina. Whether you’re seeking assistance with a prenuptial agreement in Tampa Bay or need help with estate planning in Asheville, our experienced attorneys offer personalized legal solutions tailored to your specific needs.
We understand that legal matters can be daunting, which is why we focus on a client-centered approach. Our team works closely with you to develop effective strategies that align with your goals and ensure the best possible outcome. With offices in both Florida and North Carolina, we make it easy to access high-quality legal support, wherever you are.
If you need guidance on prenuptial agreements, estate planning, high-asset divorce, or any other family law matters, contact Damien McKinney at 813-428-3400 or email [email protected] to schedule a consultation.
For added convenience, we also offer online prenuptial agreement services, allowing you to manage your legal needs from the comfort of your home. Get in touch today to discover how our efficient, client-focused approach can help you navigate your legal journey with confidence.