Military Divorce in Jacksonville

Military Divorce Lawyer in Northeast Florida

With years of experience handling family law cases, Jacksonville divorce attorneys at Ellerin Hutchinson understand the unique issues involved when a military family is facing the possibility of divorce, or has already begun the process of dissolution of their marriage. Ellerin | Hutchinson helps their clients understand the impact the divorce will have on military benefits, such as pension and survivor benefits.

As with any divorce, issues of child custody and visitation, division of assets and debts, alimony and other concerns must also be dealt with. As there are both state codes and federal laws which govern military divorce, it is important to seek the services of an experienced Jacksonville military divorce attorney who can guide you through this process to help ensure your rights and interests are fully protected.

Representing Military Personnel and Military Spouses

The grounds for a military divorce are the same as those for a civilian divorce, namely that your marriage is irretrievably broken, or that your spouse is mentally incapacitated. The residency requirement for a Florida military divorce is that you or your spouse must be a resident in Florida for at least six months, or you or your spouse must be stationed in Florida. Per the Servicemembers Civil Relief Actof December 2003, a “stay of proceedings” may be given, at the discretion of the course, which would allow for the postponement of divorce proceedings, as follows:

“At any stage thereof any action or proceeding in any court in which a person in military service is involved, either as plaintiff or defendant, during the period of such service or within sixty days thereafter may, in the discretion of the court in which it is pending, on its own motion, and shall, on application to it by such person or some person on his behalf, be stayed as provided in this Act unless, in the opinion of the court, the ability of plaintiff to prosecute the action or the defendant to conduct his defense is not materially affected by reason of his military service.” (50 U.S.C. App. § 521)

This right to postponement may be waived by the active duty member. There are numerous and lengthy codes which are sometimes complex and variable, in order to account for the various situations which may exist; however, an experienced Jacksonville military divorce lawyer will help to interpret these laws in order to best advise his client through this process and help work toward a successful outcome.