Military Divorce


There are unique issues that arise in a military divorce that are different from a divorce between two civilians. It is important for your Kissimmee or Melbourne divorce attorney to fully understand these so that the attorney can adequately protect your legal rights and interests in any issue that may arise: child timesharing, child support, spousal support, property division and more.


There are several issues that may arise when a spouse is on active duty. There are specific laws that protect a spouse in the military from being held in "default" for failing to respond to a dissolution of marriage action. These laws are crucial in order to protect active members of the military from being divorced without knowledge. The Florida courts have the discretion of postponing a divorce proceeding for the entire time that the active service member is on duty and for up to 60 days thereafter. The spouse that is on active duty may also waive the right to have the divorce proceeding postponed.

There may also be questions regarding which state to file a military divorce. You may file for divorce if you or your spouse reside or are stationed in Florida. The grounds for a military divorce are the same as a civilian divorce, but addressing child support, spousal support and property division may be slightly different.

Spousal support and child support cannot exceed 60% of a military service member's pay. Child support will be calculated based off the Florida Child Support Guidelines.  With regard to property division, the Uniformed Services Former Spouses' Protection Act governs what military retirement benefits may be included as marital property and divided in a divorce. Retirement benefits will not be awarded unless they have been married for at least 10 years while one spouse was on active duty.


At The Bostick Law Firm, PA., we are committed to representing clients throughout Florida who are on active duty or whose spouse is on active duty. We will address the many issues that may arise in a military divorce. Our knowledge of these specialized cases and our experience in this area can help you seek the most advantageous outcome to your divorce.

Contact a Melbourne or Kissimmee military divorce lawyer at our firm today.