Due to the military service, there are specific state and federal laws that may apply, depending on the circumstances. At their core, these laws are designed to protect a military spouse from being penalized by being away from home, specifically preventing a default in the divorce action or the finalization of a divorce of which the military member was not aware. In order to file for divorce in a Florida court, the filing party must be able to demonstrate the following:.
There are unique service requirements, specifically that a military spouse who is serving on active duty must be served personally with the summons and a copy of the divorce filing documents in order for there to be jurisdiction over the case in a Florida court.
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However, as with other protections that are afforded to military members, the active duty service member may waive this requirement by submitting an affidavit that states that he or she is aware of the divorce proceedings and does not contest service. This may result in the case being considered an uncontested divorce. In order to ensure that a person who is serving on active duty does not face a divorce action when he or she is not in a position to respond, there are protections in place.
However, the service member can waive this postponement if he wants to pursue the divorce action. The division of property for divorcing couples where one or both are serving, or have served, in the military is the same as other couples, with one major exception.
However, it is important to note that a specific legal assistance attorney can only offer guidance to either the service member or the spouse, in order to avoid any potential conflict of interest. Depending on service branch, the other married individual can see either another attorney in the same or different location.
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Legal assistance attorneys do not represent clients in court. Typically, when one spouse serves divorce papers on the other partner, the latter has to respond in a certain time period. However, under the Act:. Military Legal Assistance Attorneys are available to help you understand the legal implications of your divorce. A military attorney cannot represent you or your spouse in a family law court but can refer you to a non-government civilian lawyer.
To find a free military legal assistance attorney on an installation near you, visit the Legal Services Locator. Generally, the military views divorce as a private civil matter to be addressed by a civilian court. However, military spouses have access to military legal assistance services at no cost through installation legal assistance offices.
In a divorce, a service member and dependent spouse will need separate attorneys to advise them to ensure both parties receive independent and confidential advice, and to avoid any conflicts of interest.maisonducalvet.com/folgoso-de-la-ribera-paginas-conocer-gente.php
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Communications between a client and a legal assistance attorney are private and confidential. While military legal assistance attorneys may not be able to draft specific court documents or represent members or their families in court, they can provide helpful advice on a range of legal issues including divorce and child custody, income taxes and wills. Military legal assistance offices can help with this.
The Uniformed Services Former Spouse Protection Act is a federal law that provides certain benefits to former spouses of military members. A divorce filed overseas can be complicated, as U. Divorce laws allow service members and their spouses to file for divorce in either the state where the service member is currently stationed, the state where the service member claims legal residency or the state where the non-military spouse resides.
Some things to consider when filing for divorce while living overseas include:. If you or your spouse are considering divorce, a good first step is contacting your legal assistance office to better understand your situation. For immediate assistance or to access confidential help, call the Military OneSource toll free number at or international collect at You can also contact us if you have any questions. View a directory of installations. Skip to Content.
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