Divorce is one of the most challenging life events in a person’s life. There are many aspects unique to military families, which civilians may not understand.
Divorce is one of the most challenging life events in a person’s life. There are many aspects unique to military families, which civilians may not understand. If you are getting a military divorce in Florida, it is important that you understand the unique issues you may face and protect yourself by hiring an experienced Miami military divorce attorney. Some aspects of your divorce such as relocation, retirement benefits, child support, and alimony can delay the divorce process if you are not legally equipped to handle your case.
Deciding where to file
This is the first and most important step. It is often difficult for military families deciding where to file. Members of the military can file in a state other than the one they are based. You can file where you own property or where you reside. Most military divorces are filed in the state where the military members and families have more ties. In other words, if your family lives in Florida and you own property there, it may be a good idea to file a divorce in this state, even if you are stationed somewhere else.
Retirement benefits
A military spouse can only receive retirement benefits if the couple has been married for at least 10 years during which the military member was active. If you don’t meet this requirement, your military spouse may still provide a portion of his or her retirement. The length of the marriage is the leading factor to determine if a party is entitled to receive such benefits. The most common methods of calculating such benefits include net present value, deferred distribution and reserved jurisdiction.
When members of the military are deployed, they get paid more. So if your former spouse was deployed often, you will need to use the average pay when calculating retirement benefits, child support and spousal support, if applicable.
Health benefits
As long as your former spouse is a member of the military, your children are entitled to receive health benefits, including dental as well as ocular insurance at no extra cost. So if you decide to get divorced, you should request the insurance for your children. There is also lifelong health benefits if the military member served 20 years or more. However, you will need to meet some requirements. Ask a family law attorney in Miami if you or your family qualify for these benefits.
Relocation
This is also a common problem. Military members are relocated every 4-7 years. You don’t pick where you go, which can cause many problems when filing for divorce. You can always arrange a long distance time sharing with your attorney.
It is best to hire an attorney
It is important you hire a Miami military divorce attorneyto represent your interests who specializes in the area of military divorce and family law. If you don’t have an attorney by your side,your case may take longer to be processed and other complications may also arise, which you may not prepared to handle.
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