Jacksonville Military Divorce Lawyer
Divorce comes with additional complications for servicemembers and their spouses. At the Law Office of A. James Mullaney, I have worked with active-duty servicemembers, reservists and retired servicemembers alike throughout Florida and Georgia. In such a complex time, you can rely on me as your military divorce lawyer to provide straightforward knowledge and advocate for your best interests throughout your military divorce.
Legal Concerns To Consider With Military Divorces
There are several issues which are of particular significance at the end of a military marriage:
- Division of military retirement benefits
- Whether the husband or wife is on active duty
- Child support calculation
Firstly, under Florida law, a military pension is a marital asset if the marriage occurred during the spouse’s military service and is subject to division under the laws governing equitable distribution. As a result, the division of a military pension can be quite confusing. A complex formula involving the length of military service, the length of the marriage, and the duration of the overlap is used to calculate the nonservicemember spouse’s share of the military pension. Further complications arise if the servicemember has spent time in the Reserves or is not yet retired.
Florida Divorce Considerations For Deployed Military Members
Florida is home to several military bases where personnel are stationed or deployed. The bases and their residents play a crucial role in the U.S. defense infrastructure. While Norfolk Naval Station, San Diego Naval Base and Seattle – Kitsap Naval Base are not located in Florida, military personnel from Florida may be assigned to these bases as part of their duties.
Despite being stationed elsewhere, service members with personal ties to Florida, such as residency or property ownership, may find it necessary to consult a Florida military divorce lawyer if they are considering ending their marriage. Florida divorce laws can differ significantly from those in other states, and a local attorney would be well-versed in navigating these specific legal nuances. Additionally, Florida courts may have jurisdiction over the divorce if the service member or their spouse resides in Florida or if the couple was married there, making a local attorney indispensable in managing the legal proceedings effectively.
Helping You Explore Postponements
Secondly, The Servicemembers Civil Relief Act of 2003 allows for the postponement of a civil action (including a paternity or divorce) for at least 90 days. Additional postponements can be requested due to the servicemember’s deployment status. An experienced military divorce lawyer can explain this law to you.
Calculate Your Income And Child Support Accurately
Lastly, housing allowance, overseas pay, hazardous duty pay and other types of pay are considered income for the purpose of calculating child support. As a result, a servicemember’s current assignment or deployment status can greatly affect the child support calculation. A careful review of the servicemember’s Leave and Earnings Statement should be done by an experienced attorney who can then explain your rights and obligations under the Florida Child Support Guidelines.
Let A Jacksonville Military Divorce Lawyer Assist You
Please contact an experienced military divorce lawyer to help you with these unique issues. I offer communication, personal attention and a vast array of legal knowledge. Please call 904-364-4565 or send me an email to schedule your confidential initial consultation.