Being in the military requires considerable sacrifice and can often wear on spousal relationships. Divorce for military members isn’t uncommon, but there are some legal considerations that set a military divorce apart from civilian divorce. Although the overall process is the same (separating assets and debts, arranging child support and custody, considering spousal support), military divorces are regulated by certain federal and state mandates. The purpose of these mandates is to protect service members from any potential disadvantages due to their status as active-duty military.
Military divorce laws can be complex, and you should have your interests represented by an attorney who fully understands them and can protect your interests and safeguard everything you’ve sacrificed so much for. At The McKinney Law Group, we often handle military divorces, representing those who have sacrificed so much and helping you face the future with confidence. Contact us today to speak with a Tampa, FL, military divorce lawyer.
Advice From A Tampa Military Divorce Lawyer For Military-Specific Issues
Our family law attorneys have extensive experience working through the federal regulations governing divorce for active-duty service members. We know that you may have to address other legal matters beyond those that divorcing civilians must, and we are ready to guide you through the process, from initial filing or responding to the filing to negotiating ass advantageous of a settlement as possible on your behalf.
As your legal advocate, we can explain the process, how it unfolds, and address considerations that can impact your military divorce, including:
- Post 9-11 GI Bill Education benefits
- Military retirement plans
- Survivor benefit plans
- Thrift savings plan division
- Powers of attorney
- The Service Members’ Civil Relief Act
We also consider your fair share of marital assets and strive for maximum visitation and parenting time with any shared children if you are on active duty.
Differences Between Military And Civilian Divorce
One of the primary differences between a military and civilian divorce is the manner in which the petition is filed. Civilian divorces begin with one spouse filing a petition to divorce, followed by the in-person service of the papers to the other spouse. However, in-person service of divorce papers is the only option in military divorces, which can delay the process if one spouse (or both) is deployed. The only exception is if the deployed spouse signs a waiver of service, and that’s only applicable in non-contested divorces.
Military members have an extended time period to respond to the divorce petition under the Service Members Civil Relief Act (SCRA), granting them a stay of up to 90 days after their return from active duty as long as they notify the court. The SCRA also protects military members from default judgments while they are on active duty, although the service member may waive the SCRA protections if they want the divorce to proceed quickly, and there aren’t many issues in contention.
We’ll help ensure that you’re fully protected under the law, beginning with serving papers. We can also help you navigate the contentious issues that many divorcing spouses face. As your Tampa military divorce lawyer, our only focus is protecting you and your interests so that you can face a brighter future. Contact The McKinney Law Group today to get started.