An uncontested divorce is appealing for obvious reasons. It is faster, less expensive, and far less emotionally draining than contested litigation. For military couples in the Tampa Bay area who have already worked through their differences and reached agreement on the major issues, an uncontested divorce can bring a difficult chapter to a clean close without the additional strain of an adversarial legal proceeding.
The question that comes up regularly for military families is whether an uncontested divorce is possible when one spouse is currently deployed. The short answer is yes, with important qualifications. Deployment adds complexity to an uncontested proceeding that does not exist in a civilian divorce or in a military divorce where both parties are stateside. Managing that complexity requires planning, specialized legal documents, and attention to procedural requirements that do not apply to civilian cases.
What Makes a Military Divorce Uncontested
A divorce is uncontested when both parties agree on all of the issues that need to be resolved before the case can be finalized. In a Florida divorce, those issues include the division of marital assets and debts, any spousal support obligation, and if the parties have children, the parenting plan and child support arrangement.
In a military divorce, the list of issues that need to be addressed is longer than in a civilian case, and agreeing on all of them is what makes the case uncontested. Military-specific issues that must be addressed before a military divorce can be finalized without litigation include the division of military retirement pay, including what method is used to calculate the division, the Survivor Benefit Plan election and what base amount will be covered, the treatment of any Thrift Savings Plan account, post-divorce TRICARE and installation benefit eligibility, and how any VA disability compensation affects the retirement pay division.
Couples who agree on all of these issues, including the military-specific ones, can proceed with an uncontested divorce regardless of whether one party is deployed. The deployment creates logistical and procedural challenges that have to be managed, but it does not make an agreed resolution impossible.
A Tampa military divorce lawyer who handles these cases regularly knows how to structure an uncontested military divorce with a deployed party in a way that complies with both Florida procedural requirements and the federal framework governing military benefits.
The Procedural Challenges of a Deployed Party
The most immediate practical challenge in an uncontested military divorce with a deployed party is how the deployed service member participates in the proceeding. Florida divorce requires that both parties take certain actions: the respondent must be served with the petition, must respond or sign a waiver of service, must participate in financial disclosure, and must appear at the final hearing or have the hearing conducted in a way that accommodates their absence.
Each of these steps can be managed when one party is deployed, but each requires specific handling.
Service of Process
In a truly cooperative uncontested divorce, the deployed party typically signs a waiver of service, which eliminates the need for formal service of the divorce papers. A waiver of service is a signed document in which the respondent acknowledges receipt of the petition and waives the requirement that they be formally served by a process server.
The waiver of service can be executed by the deployed party wherever they are stationed, signed, and returned electronically or by mail. This is logistically straightforward in most deployment environments, provided there is reasonable communication access. A Florida military divorce attorney handling the case will prepare the waiver of service and coordinate with the deployed party to get it signed and returned.
The SCRA and Voluntary Participation
The Servicemembers Civil Relief Act provides active duty service members with the right to request a stay of proceedings when military service materially affects their ability to participate. In an uncontested case where the deployed party is voluntarily cooperating, the SCRA stay is typically not an issue because the deployed party is not seeking to delay the proceedings. They are actively participating in them, just from a remote location.
However, some procedural steps in Florida divorce require the parties to explicitly waive certain rights, and the SCRA creates a specific complication. A court may require an affidavit addressing the service member’s military status before entering a default or, in some cases, before entering a final judgment. In a cooperative uncontested case, this is handled by the deployed party providing a statement confirming their military status and their voluntary participation in the proceeding.
A Tampa military divorce lawyer familiar with these requirements will prepare the appropriate SCRA-related documentation so the court has what it needs to proceed without the procedural complications that arise when the military status issue is not addressed.
Financial Disclosure
Florida requires both parties to exchange financial documents and complete mandatory disclosure forms in a divorce proceeding. In an uncontested case, cooperative exchange of this information is typically not contentious, but the logistics of gathering and transmitting documents can be more involved when one party is deployed.
Military financial disclosure in a divorce should include the service member’s Leave and Earnings Statements, which show base pay, allowances, and other compensation. LES documents can be accessed electronically through military pay portals, and a deployed service member can typically access and share these documents through secure electronic means. The TSP account information, retirement pay projections, and any disability compensation documentation also need to be part of the financial disclosure package.
The Final Hearing
Florida divorce finalization typically requires a final hearing at which at least one party appears before the court. In Hillsborough County, the court may accommodate remote appearances for a deployed party, allowing participation by video conference. The deployed party needs to be available at the scheduled hearing time, which requires advance coordination given time zone differences and operational schedules.
In some uncontested military divorces where both parties have executed a comprehensive marital settlement agreement and all required documents, one party may be able to appear at the final hearing and the court may enter the judgment based on the documentary record without requiring the deployed party’s appearance. Whether this is available depends on the specific judge and the completeness of the documentation.
A military divorce lawyer in Tampa who regularly appears in Hillsborough County courts will know which approaches work best with the local judiciary and can structure the hearing plan accordingly.
The Marital Settlement Agreement in a Military Divorce
The marital settlement agreement is the centerpiece of any uncontested divorce. In a military divorce, it needs to address not just the standard civilian divorce issues but also the military-specific financial assets and benefit eligibility questions that determine the parties’ long-term financial picture.
A well-drafted military marital settlement agreement will specifically address:
Military Retirement Pay Division
The agreement must specify what portion of military retirement pay the former spouse is entitled to receive, how that portion is calculated, and whether it is expressed as a fixed dollar amount or a percentage of disposable retired pay. If the percentage method is used, the agreement must specify whether the percentage is calculated based on the retirement pay as of the date of divorce or based on the final retirement pay at actual retirement using the coverture fraction methodology.
The agreement must also reference the Uniformed Services Former Spouses’ Protection Act as the authority under which the division is made, specify that the award is payable from disposable retired pay as defined under federal law, and address how VA disability compensation offsets will be handled if the service member waives retirement pay to receive disability compensation.
Survivor Benefit Plan
The agreement must specifically address the SBP, including whether the former spouse will be designated as an SBP beneficiary, what base amount will be covered, how the premiums will be accounted for in relation to the retirement pay division, and what happens if the service member fails to make the election within the one-year window. If the parties agree that SBP coverage will not be provided, the agreement should acknowledge that the former spouse understands and accepts this and waives any claim to SBP coverage.
Omitting the SBP entirely from a military marital settlement agreement is a mistake that can generate significant post-decree disputes. The agreement should address the SBP one way or the other, with explicit acknowledgment from both parties of what they have agreed to.
TSP Account Division
If the service member has a Thrift Savings Plan account, the agreement must address whether and how it will be divided. The agreement should specify the amount or percentage to be transferred, acknowledge that a Retirement Benefits Court Order will be required to implement the division, and include enough information to support the preparation of that order.
TRICARE and Installation Benefits
The agreement should acknowledge whether the former spouse qualifies for continued TRICARE coverage under the 20/20/20 or 20/20/15 rules and what the parties understand about the former spouse’s post-divorce benefit eligibility. If the former spouse is losing TRICARE coverage, the agreement should address how that loss is accounted for in the overall financial settlement, whether through alimony, a property adjustment, or some other mechanism.
Alimony
If alimony is part of the settlement, the agreement must specify the type, amount, and duration of support and address how military compensation, including allowances, factors into the calculation. Florida’s 2023 alimony reform changed the available types and duration of alimony and should be reflected in how the provisions are structured.
A Florida military divorce attorney drafting a marital settlement agreement for an uncontested military divorce will ensure that all of these provisions are present, specific, and consistent with the requirements that DFAS and other federal agencies will apply when implementing the agreement.
The Military Pension Division Order and Other Post-Decree Documents
An uncontested military divorce that includes a military retirement pay award requires more post-decree documentation than an uncontested civilian divorce. The marital settlement agreement establishes the parties’ rights, but implementing those rights requires additional steps.
The military pension division order is a separate court order, or a provision of the final judgment, that specifically directs DFAS to make direct payments to the former spouse. DFAS has specific content requirements for this order that differ from the language typically used in a marital settlement agreement. The order must include both parties’ full names, Social Security numbers, and dates of birth, the branch of military service, a clear statement of the former spouse’s entitlement expressed in terms that DFAS will accept, a reference to the USFSPA, and other specific information.
An order that does not meet DFAS requirements will be rejected, requiring the parties to return to court for a corrected order. Getting the pension division order right the first time is important both for efficiency and because the parties have already gone through the effort of finalizing an uncontested divorce and do not want to reopen the proceedings for a correctable drafting error.
If the TSP account is being divided, a separate Retirement Benefits Court Order must be prepared and submitted to the TSP record keeper. This order has its own specific requirements established by the Federal Retirement Thrift Investment Board and must be submitted separately from the DFAS documents.
The SBP election paperwork, if applicable, must be submitted to DFAS within one year of the divorce. The deployed party, whether they are stateside or overseas at the time the election is due, must submit the DD Form 2656-6 to DFAS or the former spouse must submit a deemed election request. This deadline is tracked from the date of the final judgment, and it does not pause during any subsequent deployment.
Communication and Coordination With a Deployed Party
Making an uncontested military divorce work with a deployed party requires effective communication between the deployed service member, their attorney, and the non-military spouse’s attorney. The communication challenges are real but manageable with the right preparation.
Before deployment, if the parties anticipate finalizing a divorce while the service member is overseas, a comprehensive power of attorney can authorize the service member’s attorney to take routine procedural steps without requiring the service member’s direct approval on each one. This reduces the number of times the deployed party needs to be reachable for urgent decisions and allows the case to move forward during communication blackout periods.
Both attorneys should exchange contact information and agree on a communication protocol at the outset. Decisions that need to be made quickly, document signatures that are required on a deadline, and hearing schedules that need to accommodate the deployed party’s availability all benefit from clear protocols established in advance.
Electronic signing platforms allow documents to be signed remotely and securely, which is how most document execution in a deployment scenario is handled. Military personnel have access to secure electronic communication systems that can be used for legal document transmission, though the specific channels available depend on the operational environment.
A Tampa military divorce lawyer with experience representing deployed clients has established processes for managing these communication challenges and will implement them from the beginning of the case rather than improvising when problems arise.
When an Uncontested Divorce Becomes Contested
Even cases that start as uncontested can become contested if the parties’ agreement breaks down during the process. For military divorces with a deployed party, there are several specific situations that can turn a cooperative process into an adversarial one.
A change in the deployed party’s financial picture during the divorce process, such as a promotion or a change in assignment, can lead either party to reconsider the financial terms they had previously agreed to. If the service member receives a significant promotion while the divorce is pending, the retirement pay at the time of finalization is higher than it was when the agreement was negotiated, and one or both parties may want to revisit the terms.
A breakdown in communication during deployment, particularly during periods when the service member is not accessible, can create misunderstandings or delays that cause one party to lose confidence in the agreed resolution.
Disputes about the children, particularly about how the parenting plan will work during and after the deployment that is currently underway, can arise when the parties think through the specific implications of the agreement they reached in the abstract.
A Florida military divorce attorney who is monitoring the case for a non-military spouse, or a Tampa military divorce lawyer representing the deployed service member, will identify these risks early and address them before they derail what was intended to be a cooperative proceeding.
Frequently Asked Questions
Can we finalize an uncontested military divorce while my spouse is deployed overseas?
Yes. An uncontested military divorce can be finalized while one party is deployed overseas, but it requires specific procedural steps to manage the deployed party’s participation. The deployed party can sign a waiver of service, participate in financial disclosure electronically, attend the final hearing by video conference if the court permits, and execute documents remotely. A Tampa military divorce lawyer who handles these cases regularly will know how to structure the proceeding to accommodate the deployed party’s situation while meeting Florida’s procedural requirements.
Does the deployed spouse need to appear in person at the final hearing?
Not necessarily. Hillsborough County courts have accommodated remote appearances by video conference for deployed service members, and in some uncontested cases with a complete documentary record, the court may be willing to proceed with one party present and the other participating remotely. Whether in-person appearance is required depends on the judge, the completeness of the documentation, and how the case is presented. A Florida military divorce attorney who regularly appears in Hillsborough County courts will know which approach is most likely to succeed and will structure the hearing plan accordingly.
What happens to the SBP election deadline if the service member is deployed when the divorce is finalized?
The one-year SBP election deadline runs from the date the final judgment is entered and does not pause for deployment. If the service member is deployed when the divorce is finalized and remains deployed for an extended period, the election deadline continues to run. The marital settlement agreement should address this by requiring the service member to make the election within the deadline regardless of deployment status, and by authorizing the former spouse to submit a deemed election request to DFAS if the election is not made voluntarily. A military divorce lawyer in Tampa handling the case will track this deadline and follow up to confirm compliance.
Can the deployed party sign the marital settlement agreement electronically?
Yes. Electronic signatures on legal documents are recognized in Florida, and the deployed party can sign the marital settlement agreement and other required documents using electronic signing platforms from anywhere in the world with internet or secure communication access. Military personnel in deployment environments typically have access to secure electronic communication systems that can be used for document transmission and signing. The specific logistics depend on the operational environment, and a Tampa military divorce lawyer who has coordinated document execution with deployed clients will know how to manage the process.
What if the deployed party changes their mind about the agreement after signing?
A signed marital settlement agreement is a legally binding contract. If the deployed party changes their mind after signing, their ability to walk away from the agreement depends on whether the divorce has already been finalized and on whether there are grounds to challenge the agreement itself, such as fraud, duress, or unconscionability. If the divorce has not yet been finalized and the party wants to withdraw from the agreement before the final judgment is entered, the situation becomes more complicated and requires legal advice specific to the circumstances. A Florida military divorce attorney can assess what options are available if this situation arises.
Is it faster to do an uncontested military divorce than a contested one?
Significantly faster. An uncontested military divorce in Tampa typically takes two to four months from filing to final judgment when the parties have already agreed on all issues and the documentation is prepared correctly. A contested military divorce can take one to three years depending on the complexity of the issues and the court’s schedule. For military couples who are already in agreement, the efficiency advantage of an uncontested proceeding is substantial, and it is worth investing in the thorough upfront documentation that makes an uncontested proceeding possible and protects the settlement from post-decree disputes.
What documentation does DFAS need to start making direct retirement pay payments to a former spouse?
DFAS requires a certified copy of the divorce decree or final judgment, a copy of the military pension division order that specifically awards the former spouse a portion of retirement pay and meets DFAS’s content requirements, and a completed application for former spouse payments that includes both parties’ identifying information. DFAS will not begin processing until all required documents are received, and an incomplete or incorrectly drafted pension division order will be rejected. Submitting a complete, correctly prepared package as soon as the divorce is finalized minimizes the processing time before payments begin.
An uncontested military divorce with a deployed party is not only possible but is often the most sensible approach for military couples who have reached agreement on the issues that matter. The logistics of managing a deployed party’s participation, the specialized documents required for military financial assets, and the post-decree administrative steps that follow finalization all require attention and expertise that a general practice attorney may not have. Working with a Tampa military divorce lawyer who handles these cases as a core part of their practice is what makes an uncontested military divorce run smoothly, from the initial filing through the DFAS pension order submission and the SBP election deadline.
Written by Damien McKinney, Founding Partner
Damien McKinney is the Founding Partner of The McKinney Law Group Family & Divorce Lawyers, bringing nearly two decades of experience to complex marital and family law matters. He is licensed in both Florida and North Carolina and has been repeatedly recognized as a Rising Star by Super Lawyers.