Military Divorce

At Adams, Luka, & Benton, our military divorce attorneys realize that for men and women who serve our country, divorce can be a highly complex matter. Whether you or your spouse has served or is serving in the air force, army, marines, navy, or coast guard, we have the skill, experience, and dedicated approach to address issues that are often unique to those in the United States armed forces. We will work diligently to resolve all issues in a way that is fair and produces results that are in the best interest of you and any children you may share.

Our firm believes in educating clients on the process of this type of divorce, the complexities involved, how divorce may impact survivor or other benefits, pensions, and more. Just as in any other type of divorce, issues such as child custody and visitation, spousal support, and division of debts, assets, and property often become issues that can result in anger and frustration. Our primary goal is to ensure that any agreements our clients enter into with a spouse are fair and realistic. We are also compassionate, and believe in making a very difficult and tumultuous situation as easy and amicable as possible.

Child custody and division of property are two areas that can get complicated when members of the military get divorced. You may have already realized that child custody issues can be more complex, simply due to the fact that a spouse who is in the military may be stationed overseas, in another city, or frequently relocated. In addition, military retirement accounts are approached differently than other retirement accounts such as IRA's, pensions, or 401K accounts. The SSCRA (Soldiers and Sailors Civil Relief Act) protects members in the military, so it is vital you choose a military divorce lawyer who thoroughly understands this act, and how it affects this type of divorce. Essentially, the entire situation is one that is extremely delicate, which is why you must choose a capable and knowledgeable attorney.

Rather than the term "child custody," Florida prefers to use the term "time sharing" when it comes to how parents divide time spent with their children. While you might assume that the nonmilitary parent would automatically be awarded custody of a child or children based on the fact that military personnel are frequently deployed or even transferred to another state permanently, this is not the case. As experienced family law attorneys who represent clients of a military divorce, we know that Florida law provides that parental plans may be modified under these special circumstances.

It is a well-known fact that retirement benefits and pensions of those in the military can be quite substantial in value. A former spouse of a military service member may have a right to include these accounts as marital property under the USFSPA, or Uniformed Services Former Spouse's Protection Act. Ultimately, this could result in retirement benefits or pensions being distributed in an equitable manner by the court if you divorce. How benefits are divided depends on a number of factors, including how long you were married.

Florida state law generally governs divorce, however certain federal statutes also govern military divorce, including the Uniformed Services Former Spouses Protection Act mentioned above, and the Service members Civil Relief Act. You can understand why obtaining a divorce when one or both spouses are in the military is so complex, and why you need the guidance and support of a skilled and dedicated attorney. At Adams, Luka, & Benton, we have a thorough understanding of these laws and how they impact divorce according to your unique situation. Proudly serving clients in Central Florida, we invite you to call us today at 407-872-0303 or 352-357-4084.