The laws regarding divorce can already seem daunting, especially given the typically stressful circumstances regarding any dissolution of marriage. When one or both of the spouses is an active duty member of the armed services, rules regarding divorce of military personal can further complicate the situation. Many of the divorce laws are similar for both civilian and military separations, but if you or your spouse is in the military, you may wish to consult an attorney qualified in military divorce who will help you review the additional intricacies involved. Here are just a few things to consider in military divorces.
Requesting a Delay of Divorce Proceedings
Another area particular to military divorces is the division of any military benefits and retirement. The minor children of military personnel are automatically entitled to continue to receive medical benefits under their military parent's benefit plan. When it comes to retirement, a spouse of a military personnel may be entitled to some portion of any military benefits if certain conditions are met. These conditions include looking at the total length of time of marriage, length of time of marriage while the military spouse was enlisted, length of enlistment and various other facts. Military benefits can often be a substantial asset in a divorce depending on the length of time the spouse has been enlisted.
Mandatory Family Support Obligations
Regardless of whether the court orders child support, military rules require certain levels of mandatory family support, whether married or not. If a member of the military is failing to support their family, the family members may alert the member's commander and certain disciplinary or other actions may be taken against them including, potentially, forced compliance with support.
Beginning a New Relationship
As a soldier in the military, it is important to understand that you may risk various levels of reprimand or other disciplinary action for engaging in a relationship while still married. While infidelity is generally not a consideration under Florida law due to it being a no-fault state, most branches of the military still consider infidelity a military crime and enforce the rules to differing degrees.
As you can see, a military divorce raises a host of concerns in addition to those you'd typically find in a civilian divorce case. If you or your spouse is a solider in the armed services, or is retired with military benefits, you may wish to consult a Florida attorney with experience with Military Divorce laws. The attorneys at the Law Offices of Justin McMurray, P.A. are available for a free consultation of your divorce can and can answer your military divorce related questions.