What to Expect During a Military Divorce in Jacksonville
According to the census data, the divorce rate in Florida is amongst the highest in the United States. Jacksonville ranks at number 27 among 100 Florida cities in terms of divorce rate. [1]
Breaking up is never easy, but if one person is serving in the military, it can be more complicated than a regular divorce for civilians. When families with military ties go through a divorce, different discussions need to take place regarding military benefits and assets.
There are laws at both the state and federal levels to protect the rights of service members and ensure their fair treatment.
Jurisdiction Requirements for a Military Divorce in Jacksonville
When filing for a military divorce in Jacksonville, one partner must have been a Florida resident for at least six months. However, military personnel stationed in Florida can still file for a military divorce in Jacksonville even if they are not Florida residents.
Service Members Civil Relief Act
The Service Members Civil Relief Act (SCRA) provides legal protection for active-duty military personnel. It shields them from a default judgment in the divorce case arising from absence. According to this act, the court proceedings can be delayed if the service member cannot attend because of his duty. [2]
Military retirement pay is treated as marital property in Florida as the state follows the Uniformed Services Former Spouses’ Protection Act (USFSPA) [3]. According to this act, the retirement pay that a military spouse gets depends upon how long they were married to the service member, taking into account the duration of military service in the length of marriage.
The spouse gets TRICARE healthcare benefits if the marriage lasts longer than 20 years. They may get partial benefits under the 20-20-15 rule if the marriage and service length overlap for a period of 15 years. [4]
Military Divorce and Child Custody
Deployments and relocations are part of military life, which makes child custody challenging in a military divorce. Since frequent relocation or deployment can have an adverse impact on the child, the courts in Florida prioritize the child’s interest when awarding custody. The service member must provide an alternate arrangement for child custody during a deployment.
Child and Spousal Support
For a military divorce in Jacksonville, the service member’s earnings are taken into account when calculating child and spousal support. Apart from the regular pay, additional benefits like the Basic Allowance for Housing (BAH) and the Basic Allowance for Subsistence (BAS) are also taken into account. [5] The court ensures that this amount is paid and can direct the military to deduct it directly from a paycheck. [6]
Relocation Issues During Divorce in the Service
If during the divorce process, the service member is posted to a different location, it can lead to changes in the child custody arrangement and visitation schedule. Courts generally look for the child’s best interest and may revoke custody if they think relocation will harm the interests of the child. [7]
Property Division in a Military Divorce
In the military divorce in Jacksonville, the property gets divided based on equitable distribution. Equitable distribution states that the property is split in a fair manner, which means that partners may not get an equal share.
The military pension is divided based on federal laws. In a military divorce, the pension is treated differently as compared to assets. The 10 Year Rule determines how the pension is divided. It comes into play if the marriage and military service have a ten year overlap. [8]
Mediation
If you are considering filing for a military divorce, you should also look into mediation options. Mediation is faster than a divorce trial and costs less because you are dealing with one mediator instead of two attorneys.
Through mediation it is possible to reach an agreement without fighting your spouse in court. The whole divorce process can be more relaxed if you decide to opt for mediation. However, mediation is not the solution in all cases, especially those that involve domestic violence.
Timeline and Costs
Military divorces can be tricky and often take more time and money than regular divorces. The Servicemembers Civil Relief Act (SCRA) [2] can slow things down because it lets service members put legal processes on hold while they’re on duty.
A slow trial also means that military divorces can cost more. This is because there are special legal issues, like how to split military pensions or deal with housing allowances and other military benefits.
Legal Assistance for a Military Divorce
Military members can get free legal help from military lawyers, but these lawyers have limitations. They are not allowed to represent you in civilian courts, which is where most divorce cases are handled. So, if you’re in the military and going through a divorce in Jacksonville, it’s helpful to find a civilian lawyer who knows about military divorces.
Sacks & Sacks is here to guide you through each step of a Jacksonville military divorce. Call today.
FAQs
Q. What are the residency requirements for filing a military divorce in Jacksonville?
One spouse must be a Florida resident for at least six months, or the military member on active duty must be stationed in Florida.
Q. What is the Service Members Civil Relief Act (SCRA)?
SCRA provides legal protections for active-duty military personnel, allowing court proceedings to be delayed if necessary.
Q. How are military benefits divided during a divorce in Florida?
Military retirement pay is treated as marital property, and TRICARE benefits depend on the duration of the marriage.
Q. Can military members get legal assistance during a divorce?
Military members can access free legal help but need a civilian lawyer for representation in civilian courts.
Sources:
[1] Explore Census Data. (n.d.). https://data.census.gov/table?q=ACSST1Y2014.S1201&g=040XX00US12
[2] Servicemembers Civil Relief Act Fact Sheet | Military OneSource. (2024, July 23). Military OneSource. https://www.militaryonesource.mil/resources/gov/scra-fact-sheet/
[3] Defense Finance and Accounting Service > Garnishment > usfspa > legal. (n.d.). Defense Finance and Accounting Service. https://www.dfas.mil/Garnishment/usfspa/legal/
[4] Former Spouses | TRICARE. (n.d.). TRICARE. https://www.tricare.mil/Plans/Eligibility/FormerSpouses
[5] Bieber, C. (2023, September 4). Military Divorce: Everything You Need To Know. Forbes Advisor. https://www.forbes.com/advisor/legal/divorce/military-divorce/
[6] U.S.C. Title 10 – ARMED FORCES. (n.d.). https://www.govinfo.gov/content/pkg/USCODE-2011-title10/html/USCODE-2011-title10-subtitleA-partII-chap71-sec1408.htm
[7] Rfletcher. (2023, October 23). Child Custody Considerations for Service Members and MilSpouses. Military OneSource. https://www.militaryonesource.mil/relationships/separation-divorce/child-custody-considerations-for-service-members-and-milspouses/
[8] 9 questions if you’re going through a military divorce. (n.d.-b). https://www.usaa.com/inet/wc/advice-military-going-through-military-divorce?