Introduction
Service members and their spouses stationed in the Tampa area face unique logistical and legal challenges when pursuing divorce—especially when PCS (Permanent Change of Station) orders or deployment deadlines loom. Unlike civilian divorces, military divorces must account for federal protections, time-sensitive obligations, and jurisdictional questions that can delay proceedings. But can a divorce be expedited under Florida law if military deployment or reassignment is imminent?
For many military families, time is of the essence. A service member may need to finalize divorce to comply with housing policies, split entitlements before leaving a duty station, or ensure custody arrangements are in place before reporting for duty overseas. While Florida divorce procedures have built-in waiting periods and mandatory steps, a proactive approach by a qualified Tampa divorce lawyer can help move a military divorce along more quickly—especially when supported by legal justification tied to military obligations.
This article explains Florida’s divorce timeline in military cases, identifies the factors that influence whether a case can be expedited, and outlines strategies to finalize divorce before PCS or deployment when time is short.
Florida’s Standard Divorce Timeline: The Basics
Florida does not require fault grounds for divorce. As a “no-fault” state, the only requirement is that the marriage is irretrievably broken. However, procedural timelines still apply.
For most divorce cases, including those involving military families, the following factors impact the timeline:
- Residency Requirement: At least one spouse must have lived in Florida for six months prior to filing.
- Mandatory Waiting Period: Florida does not impose a fixed waiting period between filing and final hearing, but notice and procedural due process must be observed.
- Financial Disclosure: Mandatory disclosure of income, assets, and debts must be completed before the court will enter a final judgment.
- Parenting Class: If minor children are involved, both parents must complete a parenting course approved by the Florida Department of Children and Families.
- Contested vs. Uncontested: Contested cases involving property division, custody, or support disputes take longer than cases where the parties agree on terms.
A Tampa divorce lawyer will assess whether the case qualifies for expedited resolution or whether obstacles must first be addressed.
Military Divorce Complications That Affect Timing
For active-duty service members, military divorce proceedings must account for several additional legal variables:
- The Servicemembers Civil Relief Act (SCRA)
The SCRA protects active-duty members from default judgments and allows them to request a stay (delay) in proceedings if service duties impair their ability to participate. - Out-of-State or Overseas Jurisdiction
If one spouse is deployed or stationed outside Florida, serving process and obtaining cooperation may delay proceedings. - Military Benefit Division Requirements
The division of military pensions and benefits may require specific court language and documentation that extends the timeline. - Child Custody Considerations
Military parenting plans must include contingencies for deployment and PCS, which may require additional court review and approval.
A Tampa divorce lawyer with military family law experience understands these added layers and knows how to anticipate and streamline them when a service deadline is pressing.
Can You Expedite a Military Divorce in Florida?
Yes—in some cases. Florida courts have discretion to expedite divorce proceedings when compelling circumstances exist. Upcoming PCS or deployment is often a valid basis for requesting expedited consideration, especially if delay would cause hardship or legal complications.
Strategies to expedite include:
- Filing an Emergency Motion to Advance Hearing: Courts may move the case to the top of the docket if justified by military orders.
- Filing a Joint Petition for Simplified Dissolution: If both parties agree on all terms, a simplified procedure is available that can drastically reduce the timeline.
- Negotiating and Finalizing a Marital Settlement Agreement Quickly: Settled cases resolve faster than contested ones, particularly with cooperation.
- Requesting a Remote Final Hearing: Courts may allow remote attendance for deployed parties, avoiding delays due to unavailability.
- Waiving Service or Accepting Service Promptly: Reducing procedural delay through efficient service of process can cut down on initial delays.
A Tampa divorce lawyer will draft all necessary motions and supporting documentation to demonstrate the urgency and coordinate with court clerks and judges to prioritize the case.
Expedited Divorce: Contested vs. Uncontested Cases
Expedited military divorces are much more likely when the parties agree on all terms. In an uncontested case, the court’s only task is to review and approve the settlement and enter a final judgment. This can be done in a matter of weeks.
In contrast, a contested case—even with PCS or deployment pressure—cannot bypass basic litigation steps:
- Discovery must be completed.
- Mandatory disclosures must be filed.
- Mediation may be required.
- Trial preparation and scheduling must be considered.
That said, when one party is facing imminent deployment, courts may advance temporary relief hearings or bifurcate the proceedings (finalizing the divorce while reserving jurisdiction over property or custody issues).
A Tampa divorce lawyer may propose bifurcation to grant the divorce now and resolve remaining issues later.
Temporary Relief Orders Before Deployment
If the divorce cannot be finalized before a PCS move or deployment, temporary relief becomes essential. Florida courts can issue:
- Temporary Time-Sharing Orders: Addressing custody during the parent’s absence.
- Temporary Support Orders: Setting spousal or child support while the case is pending.
- Temporary Use of Marital Home: Establishing who remains in the residence.
- Temporary Injunctions: Preventing disposal of assets or relocation with children.
A Tampa divorce lawyer will move quickly to secure temporary orders that protect the service member’s or civilian spouse’s interests during the delay.
Coordinating With Military Commands
In some cases, a commanding officer may assist a service member in participating in divorce proceedings—especially when unresolved legal matters may interfere with readiness or duty assignments. A Tampa divorce lawyer may, with the client’s consent, notify the command to help ensure cooperation and avoid unnecessary delays.
Serving a Deployed or PCS’ing Spouse
Service of process is a mandatory legal step. If the other spouse is abroad or has moved due to PCS orders, formal service must comply with:
- The Hague Service Convention (for international service)
- Military base regulations (for domestic installations)
- Alternative service (if the party’s address is unknown and diligent search is documented)
Delays in service can stall the case. A Tampa divorce lawyer will pursue all lawful service options and file the necessary affidavits to preserve court jurisdiction.
Remote Testimony and Hearings
To accommodate military service, courts often allow:
- Testimony via Zoom or phone
- Affidavits in lieu of live testimony
- Early depositions before deployment
- Flexible scheduling for hearings
A Tampa divorce lawyer will request remote hearing accommodations and ensure that technology and procedural rules are followed so that service members can participate without needing to appear in person.
The Role of the SCRA in Slowing or Stalling Divorce
While the SCRA provides critical protections, it can also delay proceedings if the service member invokes its protections and requests a stay. Courts must grant an initial 90-day stay upon proper request and documentation.
Additional stays may be granted at the judge’s discretion.
To avoid unnecessary delays, a Tampa divorce lawyer may:
- Negotiate waivers of SCRA delays where cooperation exists.
- Clarify that the service member is available for virtual participation.
- File counter-motions objecting to abuse of the SCRA when it’s being used solely to delay.
Military Custody and PCS/Deployment: Special Considerations
When children are involved, military time-sharing plans must address:
- Delegation of time-sharing during deployment
- Communication methods (virtual visitation)
- Transition plans for pre- and post-deployment
- Reinstatement of original parenting schedule upon return
Courts will not penalize a parent for military-related absence, but the plan must be well-structured to ensure continuity for the child.
A Tampa divorce lawyer can draft a military-specific parenting plan that includes:
- Temporary delegation provisions
- Remote visitation schedules
- Post-deployment reinstatement clauses
These terms help persuade the court to finalize or temporarily approve arrangements before the parent departs.
Dividing Military Retirement: Time-Sensitive Considerations
Military divorces often involve division of military pensions governed by the Uniformed Services Former Spouses’ Protection Act (USFSPA). Finalizing the divorce before or after the service member reaches retirement eligibility may affect:
- Entitlement to direct DFAS payments
- Survivor Benefit Plan (SBP) elections
- 10/10 rule eligibility (10 years of marriage overlapping 10 years of service)
If PCS or deployment is imminent near the member’s retirement window, a Tampa divorce lawyer will expedite pension division provisions and file required forms with DFAS and the court.
Case Study: Expedited Divorce Before PCS Orders
A Tampa-based Air Force member received PCS orders to Germany with a report date in 75 days. He needed to finalize divorce and parenting terms before leaving to:
- Resolve time-sharing before departure
- Divide property and household items prior to moving
- Avoid housing and legal complications on base
The Tampa divorce lawyer:
- Filed an uncontested petition with all signed documents
- Scheduled a final hearing via Zoom within three weeks
- Coordinated DFAS paperwork for SBP coverage and pension division
- Obtained a final judgment before departure
By acting quickly and filing a well-prepared case, the divorce was resolved in under six weeks—well before the report date.
When Expedite Requests May Be Denied
Courts may deny expedited hearings when:
- The case is contested and discovery is ongoing
- Necessary disclosures are incomplete
- One party opposes the expedite and claims prejudice
- The court’s docket is full or judges are unavailable
In such cases, a Tampa divorce lawyer may request:
- Partial judgment (on issues ready to resolve)
- Temporary orders to protect both parties until final hearing
- Mediation dates to keep the process moving
Even when an expedited divorce is not possible, a clear legal roadmap can ensure that deployment does not leave key matters unresolved.
FAQ: Tampa Military Divorce Timelines and PCS/Deployment
Can I finalize my divorce in Florida before PCS orders take effect?
Yes, especially in uncontested cases. Courts can expedite hearings when justified by military relocation deadlines.
Does Florida have a mandatory waiting period for divorce?
No fixed waiting period exists, but time is needed for filing, service, and hearings. Efficient filing and cooperation can shorten the timeline.
Can I participate in my divorce hearing from overseas?
Yes. Courts often allow remote participation by Zoom or phone for deployed service members.
Does deployment delay the divorce?
It can if the service member invokes SCRA protections. But it may also justify expedited hearings if the member needs to resolve issues before leaving.
Can I get temporary custody orders before I deploy?
Yes. Temporary relief orders can establish custody, visitation, and support while the case is pending.
What if my spouse refuses to cooperate with a quick divorce?
Contested cases take longer. However, a Tampa divorce lawyer can seek temporary orders and push for resolution before your departure.
Can I divide my military pension if I haven’t retired yet?
Yes. Florida courts can divide future military retirement, but language must comply with USFSPA requirements.
Do I need to delay divorce to preserve benefits for my spouse?
No. Benefits like SBP can be addressed in the final judgment, even if divorce occurs before retirement.
Can we split up now and finish the divorce later?
Yes. Courts can bifurcate the divorce—granting the dissolution now and resolving other issues later.
Should I tell my command I’m going through a divorce?
It may help. Commands often support members’ efforts to finalize legal matters before PCS or deployment.
Military service demands mobility, structure, and precision—and your divorce strategy should reflect the same. For service members and spouses in Tampa facing a ticking clock due to PCS orders or deployment, time is a resource that must be managed carefully. While Florida divorce law has built-in procedures, it also offers pathways to expedite resolution with the right justification and legal approach. A skilled Tampa divorce lawyer understands how to navigate the courts, coordinate with military regulations, and finalize your case efficiently—so you can move forward, both legally and in service.
The McKinney Law Group: Divorce Attorneys in Tampa Committed to Resolution and Results
Divorce can feel uncertain—but the legal process doesn’t have to be. At The McKinney Law Group, we guide Tampa clients through every stage of divorce with practical solutions and focused representation designed to deliver lasting results.
We assist with:
✔ Understanding your rights under Florida divorce law
✔ Crafting parenting plans and time-sharing schedules
✔ Dividing property, businesses, and retirement accounts
✔ Determining fair and enforceable support obligations
✔ Resolving disputes through negotiation or courtroom advocacy
Contact us today at 813-428-3400 or email [email protected] to speak with a Tampa divorce lawyer.