Orange Park Military Divorce Attorney
The end of a marriage involving a military service member presents several unique problems that are not present in other divorces. If you are in the military (or married to a service member), please consult with a A. James Mullaney, Orange Park Military Divorce Attorney.
Whats New:
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Quick Facts:
Filing Fees - $409 Duval County - slightly more or less in other counties
Service of Process - $30
Updated: September 2, 2011
Military Divorce
Fact #1
A military pension is marital property if the parties were married while on active duty. The extent to which a military pension is marital property is determined by a complex formula.
Military Divorce
Fact #2
There are federal statutes that prohibit any civil litigation against servicemembers while deployed.
Military Divorce
Fact #3
Some portions of a servicemembers pay is considered taxable income wile other portions is considered tax free. The status and amounts of these various kinds of income impacts any child support calculation.
How can an Orange Park Military Divorce Attorney Help Me?
There are several issues which are of particular signigicance at the end of a military marriage:
1. whether the Husband or Wife is on active duty,
2. child support calculation, and
3. division of retirement benefits.
Firstly, The Servicemembers' Civil Relief Act of 2003 provides that a civil action (including a divorce or paternity case) can be delayed for at least 90 days. The case can be further delayed depending on the servicemember's deployment status. You should consult an experienced military divorce lawyer to advise you of your rights in this area.
Secondly, a sevicemember's deployment or current assignment can affect the child support calculation. Hazardous duty pay, overseas pay, housing allowance and many other types of pay are considered income when calculating child support. You should have an experienced lawyer review your Leave and Earnings Statement and explain to you the Florida Child Support Guidelines.
Lastly, the division of a military pension can be quite confusing. Under Florida law, a military pension is a marital asset if the marriage occurred during the spouse's military service. A complex formula involving the length of the marriage, length of military service, and the duration of the overlap is used to calculate the non-servicemember spouse's share of the military pension. The formula is further complicated if the servicemember is not yet retired or spent some portion of his service in the Reserves.
Please consider contacting an experienced Orange Park military divorce attorney to help you with these complicated issues.
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