Jacksonville Military Divorce Lawyer
Practice Areas
Free Military Divorce Consultation
Jacksonville Military Divorce Attorney
Going through a divorce is never easy, and it is particularly difficult when you or your spouse is a member of the military. Such separations can be challenging and tricky in many ways.
Our military divorce law firm provides the counsel and support you need to make the best decisions. We make the process easy while ensuring that you get fair treatment, regardless of which side you are on.
We will represent your interests in your military divorce, whether you have been stationed at the Naval Air Station, Naval Aviation Depot, Blount Island Command, or somewhere else in or near Jacksonville. Call (904) 396-5557 and book a free consultation with our Jacksonville military divorce attorneys.
Jacksonville has a 14.4% divorce rate, ranked the eighth-highest in 2019. [1]
What Makes a Military Divorce Different?
If one or both of the spouses in a marriage are in the military, the divorce process can be different from a common one. In military divorces, various factors are taken into account. One of the most common challenges is the uncertainty around deployment and redeployment.
Specific laws are in place that regulate the process of military divorces, including personnel in the army, army reserves, air force, coast guard, marines, national guard, or the navy.
The key factors that can make a military divorce different include:
- Deployment Impact: Military personnel are often deployed for months or even years. This can lead to communication challenges, absence from important events, and emotional strain. Thus, this can lead to a delay in divorce proceedings and complicate the negotiations.
- Division of Military Pensions: Military pensions are considered marital property, but regulations like the Uniformed Services Former Spouses’ Protection Act (USFSPA) protect the division of retirement pay.
- Frequent Relocations: Military personnel are often required to move around with a change of stations. This can complicate the divorce process, mainly due to jurisdiction and custody arrangements, if children are involved.
- Jurisdictional Challenges: If military personnel are not stationed in their legal residence, it can lead to jurisdictional challenges.
- Mental Health Issues: Military service is one of the most common reasons behind PTSD among individuals. This mental health challenge can be one of the key factors during divorce negotiations and impact custody arrangements, spousal support, etc.
- Unique Benefits: Those who serve in the military are granted specific benefits, such as TRICARE, housing allowances, commissary privileges, or survivor benefits. These benefits can impact financial settlements and post-divorce support.
The process can be challenging, but you are not alone. Our Jacksonville military divorce lawyers will guide you through the process and fight to defend your rights.
Common Problems Military Couples Face When Divorcing In Jacksonville
A military divorce presents an array of challenges, but they are not all that different from a common divorce. Aside from the specific laws that apply to military personnel, the basic problems remain the same, such as child custody, support, division, etc.
The most common problems military couples face when divorcing include, but are not limited to, the following:
- Child Custody Issues: Custody of child(ren) is one of the leading problems in a military divorce. Due to deployment and relocation issues, child custody can be challenging to decide. However, usually, the court goes with the parent who does not move as frequently.
- Child Support: Military pay structures vary by individual, making it challenging to determine child support. However, the court always focuses on the child’s best interests.
- Property Division: Florida follows the “equitable distribution” rule for marital property. Military couples may split the assets they acquired during the marriage fairly, but it does not mean they will divide them equally.
- Inability to be Present: Military personnel are called for duty at any time.
Did you know? Florida’s divorce rate is the 5th highest in the United States, with 3.4 divorces per 1,000 population. [2]
What Can Military Spouses Get in a Jacksonville Divorce?
As mentioned previously, Florida is an equitable distribution state, which means the focus will be on splitting property and assets fairly. For example, if the asset value is $500,000, then one spouse might get $350,000, and the other $150,000, depending on their role in acquiring or maintaining the assets.
That being said, military spouses are entitled to various things, which usually include the following:
- Child Custody and Support
- Division of Military Pension
- Division of Real Estate
- Division of Retirement Accounts (e.g., TSP)
- Division of Savings and Investments
- Life Insurance Policies (e.g., Service Members Group Life Insurance)
- Medical and TRICARE Benefits (subject to 20-20-20 rule)
- Property and Personal Belongings
If you are divorcing and need a fair settlement, then our Jacksonville military divorce lawyers can help you achieve that.
Military Divorces And the 20/20/20 Benefits Rule
The 20/20/20 benefit rule applies specifically to military divorces. This calculation method is key in determining a fair split of property and assets between the couple after a divorce. The 20/20/20 rule factors in various key elements of a marriage.
These include the following:
- 20 years of marriage
- 20 years of military service
- 20 years of overlap between marriage and military service
Hence, it is called the 20/20/20 rule. Under these conditions, the former spouse can receive portions of the military pension from the Defense Finance and Accounting Service (DFAS) and other benefits such as healthcare (TRICARE). If you are looking for a fair divorce settlement, our Jacksonville military divorce attorneys will help you.
How Does SCRA (Servicemembers Civil Relief Act) Apply To A Divorce in Jacksonville?
The SCRA is meant to protect active-duty service members from unfair divorces or settlements. Under this act, the court can order a delay of proceedings and establish a specific service of process to ensure a fair ruling for both sides.
Here is how SCRA applies to military divorces:
- Determining Child Custody: The SCRA outlines protocols to ensure that the military service does not negatively impact any custody decisions. A service member cannot lose custody due to their deployment, and it also allows them to delay any custody hearings.
- Protection from Default Judgments: The SCRA protects active-duty members from default judgments. If the spouse is absent due to military service, then SCRA puts a stay on any default judgment until the person is available for the proceedings.
- Stay of Proceedings: The SCRA delays proceedings until the service person is available. The act ensures the postponement of civil obligations, and divorce proceedings fall under this category. Military personnel are often given a 90-day extension to respond to a petition, or even a longer delay if military service is active.
Invoking SCRA can be key in protecting your rights against unlawful judgments. That is where our Jacksonville military divorce lawyers step in and help you through this challenging time.
How Do Child Custody Arrangements Work In Jacksonville Military Divorces?
Much like any other divorce, military divorces also focus on the welfare and well-being of the child. Regardless of the claims of the spouse(s), the court will focus on what is best for the child.
The key factors that determine child custody arrangements in Jacksonville include the following:
- Best Interests of the Child: The court will prioritize emotional, physical, and overall well-being. In light of the facts, the court will determine the best parent to have custody, or if shared custody is the way to go.
- Family Care Plan: Military service members often have a family care plan, which allows them to provide child care during deployments. However, it does not have the ability to override court orders, but it can help in certain situations.
- No Presumption of Maternal Custody: This is determined by the state law, and no military act focuses on this. Custody is awarded based on the child’s best interest, regardless of the gender, and courts do not favor mothers.
- Parental Responsibility and Time-Sharing: Even if one parent has more custody than the other, the responsibility and decision-making fall upon both. Florida courts use these terms to ensure parenting time schedules and support to ensure healthy parent-child relationships.
Factors that determine these can be challenging, but you will not be alone throughout the process. Our experienced military divorce attorneys have dealt with many cases like this. We will guide you through the process and fight for a decision that is best for you and your child.
How Does Deployment Affect A Military Divorce Process?
If a spouse is deployed, then they are protected by the SCRA, as mentioned before.
This means that a court can issue a stay order on any divorce proceedings until the deployed spouse is available. Courts also prevent any default decisions to avoid unfair judgments against military personnel.
This ensures the divorce can overcome the following challenges:
- Communication Challenges
- Court Participation Difficulties
- Delays in Legal Proceedings
- Jurisdiction Issues
- Parenting and Custody Complications
These key factors usually impact the outcome of a military divorce process. If you want representation that defends you throughout the proceedings, then our military divorce lawyers can support you.
Why Choose Our Jacksonville Military Divorce Lawyers?
Going through a divorce can be challenging enough, and when you are a military couple, it can throw even more challenges at you.
That is where The Law Offices of Sacks & Sacks, P.A. helps you through. Our local Jacksonville military divorce attorneys have helped many clients like you over the years.
We will fight hard for your rights and provide:
- 24/7 Availability
- Expertise in military family law
- Flexible payment plans
- Saturday, Sunday and Holiday appointments if needed
- 100% virtual consultations online
- Strategic guidance
Let us begin today with a free consultation with our Jacksonville military divorce lawyers.
Client Reviews – See What People Are Saying
FAQs
What are the jurisdictional challenges unique to military divorces in Jacksonville?
Jurisdiction can be one of the complicated matters in military divorces. If a spouse is stationed outside Florida but still maintains legal residency in the state, then either of them is eligible to file in the state. Florida requires either spouse to be a resident of Florida for six months.
How are military pensions divided in a Jacksonville military divorce?
The division of military pensions in Jacksonville depends on the overlap of marriage years and military service, under the Uniformed Services Former Spouses’ Protection Act (USFSPA). This usually boils down to the 10-year rule, especially if the marriage and military service overlap for 10 years.
Can a former spouse retain TRICARE health benefits after divorce?
A former spouse can retain TRICARE if the marriage lasted at least 20 years. This means that if the marriage lasted 20 years or more, then partial benefits may be available. However, the marriage and military service must overlap for at least 15 years.
How does frequent relocation or deployment impact child custody and visitation arrangements?
This usually applies to active service members, in which a court orders modification or revocation of the custody. In such cases, courts prioritize the child’s best interest and necessitate that military members provide alternative custody arrangements.
Is a military service member’s income considered when calculating child and spousal support?
Aside from the base pay, various other factors are considered when calculating child and spousal support in military divorces. This includes allowances such as the Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS)
Sources:
[1] Where divorces are becoming more common – 2021 Study – SmartAsset. (n.d.). https://smartasset.com/data-studies/where-divorces-are-becoming-more-common-2021
[2] CDC/NCHS, National Vital Statistics System. (2021). Divorce rates by State: 1999-2021. https://www.cdc.gov/nchs/data/dvs/marriage-divorce/state-divorce-rates-90-95-99-21.pdf
Our Office Location
Law Offices of Sacks & Sacks, P.A.
1646 Emerson St. Ste B,
Jacksonville, FL 32207
(904) 396-5557