Winter Park Military Divorce Lawyer
A military divorce will have to resolve all of the same issues as any other. Property division, parenting time, and spousal support are just a few of these. These issues can become more complex during a military divorce. For example, if you or your spouse is a service member and you are deployed after divorce, it can complicate parenting time issues. Additionally, a military divorce has many unique issues and these cases are generally much more complex. Our Winter Park military divorce lawyer will help you overcome these complications and ensure you make the best decisions possible.
Disputes Involving Jurisdiction in Military Divorce
In typical divorce cases, it is very easy to determine where the divorce should be filed. This is not the case in military divorce cases. The very nature of military life puts jurisdiction into question. Under the law, either party can usually file divorce in their legal state of residence. Federal law allows the power to divide military pensions in the state where the member of the military resides.
State law requires individuals to live within Florida for six months before they file for divorce. However, this residency requirement is more flexible for members of the military. Service members can state that they reside in Florida, but file in another state.
Many people assume that due to the fact that a service member could be deployed, they will not receive the majority of parenting time. Fortunately, that is not always true. Non-military spouses are not automatically granted primary parenting time just because their spouse is a member of the military.
Still, the fact that deployment is a possibility must be addressed. Spouses can reach an agreement about what will happen if one or both spouses are deployed. Usually, service members will designate a trusted adult to take on responsibility for parenting time and time-sharing if they are deployed in the future.
Dividing Military Pensions
Dividing military pensions is one of the most complex aspects of military divorces. It is always advised that you work with a Winter Park military divorce lawyer who will defend your best interests and advise you throughout the process.
There are many misconceptions about the division of military retirement benefits. The law dictates that when a person is married to a member of the military, they are entitled to a percentage of their spouse’s pension after the service member has served for at least ten years. Still, even when an individual does not meet the required ten-year mark, a spouse may still be entitled to a portion of military pensions.
Our Military Divorce Lawyer in Winter Park has the Necessary Experience These Cases Require
Military divorces tend to be far more complex than other cases. At Anderson & Ferrin, our Winter Park military divorce lawyer will help you overcome the challenges these cases present so you obtain the full and fair settlement you deserve. Call us now at 407-412-7041 or contact us online to schedule a free consultation and to learn more.