Military life often requires service members and their families to be away from Florida for extended periods. Whether due to deployment, a PCS move, training, or an overseas assignment, long absences from the state can raise serious legal concerns when divorce, child custody, or property division is at stake. One of the most pressing fears is losing access to the Florida courts or jeopardizing one’s parental rights, financial interests, or legal position because of physical separation from the jurisdiction.
Fortunately, Florida law provides several mechanisms to protect your legal rights during extended absence, particularly when military service is the reason. But those protections are not automatic—you must take deliberate steps to preserve your position, assert your claims, and ensure that you are not disadvantaged by time or distance. A knowledgeable Tampa divorce lawyer can help you use Florida law effectively to secure your interests and avoid irreversible mistakes while you are out of the state.
This guide explains how to protect your rights when you’re not physically in Florida but still need access to its courts and legal protections during a divorce, custody, or support dispute.
Maintaining Florida Residency While Away
The first step in protecting your legal rights is maintaining your Florida legal residency, also known as domicile. Residency is the foundation of the court’s authority to hear your case. If you do not meet the residency requirement, you may not be able to initiate or continue a divorce in Florida.
Under Florida Statute § 61.021, at least one spouse must have resided in Florida for six months prior to filing for divorce. However, for military families, this standard is interpreted more flexibly. You can be physically absent from Florida and still be a legal resident if you maintain:
- A Florida driver’s license,
- Voter registration in Florida,
- Florida declared as your state of legal residence on your LES,
- Filing of Florida state taxes (if applicable),
- Ownership of a home or permanent address in Florida.
A Tampa divorce lawyer can help you demonstrate legal residency even if you are stationed abroad or living in another state under military orders. Failure to maintain proof of domicile may cause jurisdictional challenges or delay the divorce.
Filing for Divorce While Living Outside Florida
If you are temporarily living outside Florida but wish to file for divorce in Tampa, you must establish that you are a Florida resident. Once jurisdiction is confirmed, Florida courts will apply Florida family law, even if your marriage or children have ties to other states or countries.
You do not have to be physically present in Florida to:
- File a divorce petition,
- Participate in hearings (in many cases, remote attendance is allowed),
- Submit financial affidavits or discovery documents,
- Negotiate or sign a marital settlement agreement.
A Tampa divorce lawyer can file on your behalf, handle communications with the court, and represent you at hearings—even if you are thousands of miles away.
The Role of the Servicemembers Civil Relief Act (SCRA)
For active-duty military personnel, the Servicemembers Civil Relief Act (SCRA) provides protection in civil proceedings, including divorce and custody disputes. The SCRA allows you to:
- Request a stay (delay) of proceedings if your duties prevent you from appearing in court,
- Avoid default judgments if you are unable to respond due to service,
- Ask for additional time to participate after returning from duty.
To invoke SCRA protections, you must:
- Notify the court of your active-duty status,
- Submit a letter from your commanding officer confirming you cannot attend court proceedings,
- File a formal request for a stay of proceedings.
A Tampa divorce lawyer can file the necessary motions and documentation to preserve your rights while you’re away. These protections are powerful, but they must be properly invoked. Ignoring court deadlines without following SCRA procedures can lead to default rulings.
Protecting Your Parental Rights While Absent
Long absences from Florida can impact your ability to exercise custody or visitation, especially when the other parent is located in Florida. But absence due to military service cannot be used against you in a custody case.
Florida Statute § 61.13002 protects deployed parents by stating that:
- Military service may not be used as the sole basis to modify time-sharing,
- Temporary modifications can be made but must revert to the original schedule after deployment,
- Deployed parents may delegate time-sharing to a family member or stepparent if it serves the child’s best interest.
Additionally, Florida courts often allow virtual time-sharing, including scheduled video calls, digital messaging, and other forms of long-distance communication. A Tampa divorce lawyer can build these into the parenting plan to preserve your bond with your child during long absences.
Modifying Time-Sharing When You Return
Once you return to Florida or resume a more stable schedule, you may seek to modify the parenting plan to reflect your new availability. Courts may reinstate the original time-sharing arrangement or adopt a new plan that gives you greater access.
Florida law encourages ongoing and meaningful contact with both parents, and judges understand that military service can temporarily disrupt but not eliminate that relationship.
A Tampa divorce lawyer will file the appropriate petition to modify the plan and present evidence that your return supports a resumption or expansion of your parental role.
Participating in Court Proceedings Remotely
Florida courts now allow remote participation in many family law proceedings, including:
- Case management conferences,
- Mediation,
- Temporary relief hearings,
- Final hearings (in uncontested cases),
- Some evidentiary matters, depending on the judge.
If you are out of state or overseas, your attorney can request that you appear by Zoom or telephone. This ensures that you do not miss critical court dates simply because of your location.
A Tampa divorce lawyer can coordinate remote participation and ensure that the court has the necessary information and permissions in advance. This is particularly important if your absence is due to military deployment or government assignment.
Serving or Receiving Legal Documents While Away
If your spouse files for divorce while you are out of Florida, you must be properly served to respond to the petition. Similarly, if you are the petitioner, your spouse must be properly served—even if they are outside Florida or on a military base.
Service of process must comply with:
- Florida’s civil procedure rules,
- Federal military rules (if serving a military member),
- International treaties (e.g., Hague Service Convention) for overseas service.
Failure to follow proper service protocols can result in unenforceable orders or delays. A Tampa divorce lawyer can arrange proper service, ensure the return of service is filed, and confirm that jurisdictional requirements are satisfied.
Avoiding Accusations of Abandonment or Non-Involvement
When one parent is absent for an extended period, the other party may try to use that absence as a basis to seek sole custody, claim abandonment, or argue that you’ve failed to participate in the child’s life.
To avoid these accusations:
- Document your efforts to remain involved (calls, letters, emails),
- Exercise your time-sharing rights to the extent possible,
- Request temporary modifications to the parenting plan if necessary,
- Stay in contact with the child’s school, medical providers, and caregivers.
If false claims are made against you, a Tampa divorce lawyer can present counter-evidence and explain the true nature of your absence to the court.
Preserving Property and Financial Rights While Away
Being away from Florida doesn’t mean you forfeit your share of marital assets. If your divorce involves:
- Real estate,
- Retirement accounts (e.g., TSP, pension),
- Vehicles or personal property,
- Bank accounts or investments,
You can protect your interests by:
- Filing a petition for equitable distribution,
- Using court orders to freeze or preserve assets,
- Requesting temporary use and possession of property (e.g., marital home),
- Seeking exclusive control of financial accounts where needed.
A Tampa divorce lawyer can request injunctive relief or emergency hearings to prevent the dissipation of marital assets in your absence. These legal tools help ensure that your spouse cannot hide or spend property before final judgment.
Handling Emergency Motions and Hearings from a Distance
If an emergency arises—such as a relocation request, child endangerment, or financial fraud—you do not have to be in Florida to act. Your attorney can:
- File emergency motions on your behalf,
- Request expedited hearings,
- Provide the court with evidence and sworn declarations,
- Appear in court while you participate virtually or submit written testimony.
A Tampa divorce lawyer will ensure that you are not left out of emergency decisions simply because you are away from the state.
Finalizing Divorce While Living Outside Florida
You can finalize a divorce without being present in Florida, so long as:
- Your attorney attends required hearings,
- All financial disclosures are complete,
- Settlement agreements are signed and notarized (if needed),
- Parenting plans and child support guidelines are filed.
In uncontested cases, final hearings can be held by affidavit or teleconference. In contested cases, remote testimony may be permitted.
A Tampa divorce lawyer can handle all case logistics and ensure the process moves forward without unnecessary delay due to physical absence.
Avoiding Delays from Your Spouse’s Absence
If your spouse is absent from Florida and fails to respond to divorce filings:
- The court may enter a default judgment,
- Property division and custody may be decided without their input,
- Support orders can be issued based on available financial information.
However, if your spouse claims military service as a reason for non-response, the court must follow SCRA procedures, including appointment of counsel and review of deployment status.
A Tampa divorce lawyer will monitor your spouse’s participation and pursue default or contested rulings as the case requires.
Requesting Temporary Relief While Abroad
You do not have to wait for the final hearing to obtain financial or parenting support. Florida courts allow you to request:
- Temporary child support,
- Alimony or exclusive use of the home,
- Access to marital accounts,
- Interim parenting arrangements.
These temporary orders can provide stability and preserve the status quo during the divorce. A Tampa divorce lawyercan file these requests while you are out of state and represent you at hearings if needed.
Preparing for Return to Florida
If you plan to return to Florida in the future, your divorce orders should anticipate this transition. You may request:
- Modification of time-sharing upon return,
- Review of alimony or support obligations based on new income,
- Access to local schools, medical care, or housing for the child,
- Use of a Florida address for legal and correspondence purposes.
A Tampa divorce lawyer will ensure that your orders do not assume permanent absence and can be adapted to reflect changes in location and availability.
Preserving Your Legal Standing After Divorce
Even after the divorce is finalized, your absence from Florida may require future legal action, including:
- Modifying parenting plans or support based on changes in assignment or deployment,
- Enforcing alimony or child support orders,
- Addressing violations of parenting time or property distribution,
- Updating court jurisdiction if your child’s residence changes.
These post-judgment issues are common in military divorces and must be addressed with the same level of legal care. A Tampa divorce lawyer can file enforcement motions, coordinate with local courts, and represent you in post-judgment proceedings from a distance.
FAQ: Protecting Your Rights During Long Absences from Florida
Q: Can I file for divorce in Tampa if I’m stationed in another state or overseas?
A: Yes, as long as you maintain legal residency in Florida. Your physical presence is not required.
Q: Will the court let me participate if I’m deployed or out of state?
A: Yes. Courts may allow remote participation and will accommodate military service under SCRA.
Q: What if I can’t be in court for a hearing?
A: Your attorney can appear for you. You may also request to appear via Zoom or by phone.
Q: Can I lose custody because I’m away on military orders?
A: No. Florida law prohibits courts from using deployment alone as a reason to modify time-sharing permanently.
Q: How can I protect my financial assets while away?
A: Your attorney can file motions to freeze accounts, protect property, and request temporary relief.
Q: What if my spouse is hiding assets while I’m gone?
A: A Tampa divorce lawyer can initiate discovery, subpoenas, and forensic accounting to uncover hidden assets.
Q: Can I request child support while living in another state or country?
A: Yes. Child support is based on income, not location, and can be enforced across state and international lines.
Q: What if I’m served with divorce papers while deployed?
A: You can request a stay under SCRA and must be given time to respond after returning from service.
Q: Can I finalize my divorce without returning to Florida?
A: Yes. Most cases can be completed remotely through your attorney, especially if uncontested.
Q: Will my parenting plan automatically adjust when I return?
A: Not unless the court order says so. You’ll need to petition for modification with support from a Tampa divorce lawyer.
The McKinney Law Group: Proven Legal Counsel for Tampa Military Divorces
At The McKinney Law Group, we recognize the legal challenges that come with a military divorce. Our team provides straightforward, effective guidance to help service members and military spouses navigate Florida’s legal system with clarity.
We help with:
✔ Applying Florida divorce law to active duty and retired personnel
✔ Dividing military pensions, disability pay, and benefits correctly
✔ Structuring parenting arrangements around military obligations
✔ Addressing service-related legal complexities and jurisdictional issues
✔ Ensuring a well-prepared, future-focused legal strategy
Contact us at 813-428-3400 or email [email protected] to schedule a consultation today.