Military Divorce Lawyers in Jacksonville, FL
Trusted Family Lawyers for Military Divorce in Florida
Military divorces are governed by both state and federal laws and often involve deployment-related delays, jurisdictional questions, and specific rules for dividing military pensions and benefits.
If you or your spouse are stationed in or near Jacksonville, Sasso Guerrero & Henderlite offers the guidance and legal support you need.
After decades practicing in Jacksonville, we’re familiar with the needs of service members stationed at NAS Jacksonville, Mayport, and other nearby bases.
Whether you’re an active-duty service member or military spouse, our expert Jacksonville military divorce attorneys are here to guide you through this difficult process with compassion and professionalism. Call (904) 619-1386 for a confidential consultation and get the experienced legal support you need to take the next step forward.
Military Divorce in Florida
Military divorces are more complex than civilian cases because they involve a combination of Florida family law and federal protections like the Servicemembers Civil Relief Act and the Uniformed Services Former Spouses’ Protection Act.
Active-duty status can delay proceedings, and military benefits, pensions, and custody plans must be handled with care.
Whether you’re stationed in Jacksonville or deployed overseas, it’s important to work with an attorney who understands both systems.
Sasso Guerrero & Henderlite divorce attorneys provide the knowledge and experience to guide military families through these difficult transitions.
Filing for Military Divorce in Florida
To file for military divorce in Florida, either spouse must meet the state’s residency requirements. This means at least one party must live in Florida or be stationed here on active duty.
Florida courts can assume jurisdiction even if the service member claims residency elsewhere, as long as they’re based in the state.
The Servicemembers Civil Relief Act (SCRA) protects active-duty military members from being held in default if they’re unable to respond to divorce filings while deployed. Florida courts may delay proceedings until the service member returns or has a fair chance to participate.
Division of Military Retirement and Benefits
Military retirement and benefits are often central issues in a military divorce. Under Florida law, pensions earned during the marriage are marital property and can be divided between spouses.
Thrift Savings Plans (TSP) are also subject to equitable distribution, similar to civilian retirement accounts. Federal rules like the 10/10 and 20/20/20 rules determine eligibility for direct payments and continued access to military benefits.
The 10/10 Rule
If you were married for at least 10 years, and the service member completed 10 years of overlapping military service, DFAS can send your portion of the retirement pay directly to you.
The 20/20/20 Rule
The 20/20/20 rule provides important protections for long-term military spouses. To qualify, the marriage must have lasted 20 years, the service member must have served 20 years, and there must be 20 years of overlap between the two.
If all conditions are met, the non-military spouse may retain full military benefits after divorce. This includes continued TRICARE coverage, access to the commissary, base exchange, and other privileges.
These benefits remain in place unless the former spouse remarries or otherwise becomes ineligible. Even without full eligibility, some spouses may qualify for limited transitional benefits under the 20/20/15 rule.
Property Division and TSP Accounts
Florida courts divide TSP accounts and military pensions fairly under equitable distribution, considering what was earned during the marriage.
Child Custody and Support in Military Families
Military families face unique challenges when it comes to child custody and support. Frequent moves, deployment, and changes in duty status can complicate traditional parenting arrangements.
Florida law requires custody decisions to prioritize the best interests of the child, regardless of a parent’s military service.
At Sasso Guerrero & Henderlite, we help military parents create legally sound plans that reflect their service obligations and protect their parental rights.
Parenting Plans with Deployment in Mind
Florida courts recognize that active duty service can impact parenting time. Time-sharing agreements must be flexible and anticipate potential deployments or relocations.
Courts often approve customized parenting plans that show both parents are acting in the child’s best interests.
Calculating Child Support
Child support in military divorces is based on the service member’s total compensation, including base pay, Basic Allowance for Housing (BAH), and other entitlements. This ensures that support remains fair and accurately reflects military income.
Spouse Entitlements After Military Divorce
Military spouses may be entitled to certain benefits and protections under both Florida law and federal regulations. These can include continued healthcare, a portion of the service member’s retirement, and spousal support based on the length of the marriage and overlap with military service.
Each case is unique, and eligibility depends on specific factors like service time and financial circumstances. An expert Jacksonville divorce attorney will help you make sure your rights and entitlements are protected.
TRICARE Coverage Limits
TRICARE benefits generally end upon finalization of the divorce. However, under the 20/20/20 rule, qualifying spouses may retain full medical and on-base privileges indefinitely.
Additional Financial Entitlements
Spouses may be awarded a share of military retirement, equitable property division, and possibly alimony. Florida courts evaluate factors like marriage duration, income disparity, and future earning potential.
Deployment and Military Divorce Logistics
Being deployed doesn’t mean you have to put your divorce on hold entirely. Florida courts recognize the logistical challenges of military service and allow for flexible timelines and remote options.
With the right legal team, you can move forward even while stationed overseas or on active duty. If you’re deployed during your divorce proceedings, you have two options:
Filing While Deployed
Service members can work with attorneys through email, phone, or video conferencing. Most documents can be filed and signed remotely, allowing the process to continue without returning stateside.
Postponing Proceedings During Active Duty
Under the Servicemembers Civil Relief Act (SCRA), Florida courts may pause divorce proceedings to protect the rights of active-duty personnel.
Why Choose Sasso Guerrero & Henderlite
At Sasso Guerrero & Henderlite, we bring hands-on experience with military divorce cases throughout Jacksonville and across Florida.
We understand the legal complexities that come with active-duty service, deployment, and military benefits, and we know how to navigate them effectively.
Our attorneys are familiar with the needs of service members and military spouses at local bases like NAS Jacksonville and Mayport. We work to resolve your case efficiently while protecting your interests under both Florida and federal law.
If you’re facing a military divorce, secure expert representation. Call Sasso Guerrero & Henderlite for a confidential consultation with a divorce attorney who understands your situation and is ready to help.
FAQs about Military Divorce in Florida
What is the difference between a civilian and military divorce?
Military divorces involve federal laws, like the Servicemembers Civil Relief Act and the Uniformed Services Former Spouses’ Protection Act, in addition to Florida divorce laws. They also come with unique challenges related to deployment, jurisdiction, and military benefits.
Can I file for divorce while on active duty?
Yes. Active-duty service members can file for divorce in Florida, but courts may allow delays if deployment limits participation.
What happens to my TRICARE benefits after divorce?
TRICARE coverage ends at divorce unless you meet the 20/20/20 rule, which allows qualifying spouses to retain full military benefits.
How is military retirement divided in Florida?
Military retirement is considered marital property and is divided under Florida’s equitable distribution laws.
What if I don’t meet the 10/10 rule – do I still get part of the pension?
Yes. You may still be awarded a share of the pension, but DFAS won’t make direct payments—you’ll receive it through your former spouse.
Can a military parent get custody of their child?
Yes. Florida courts base custody decisions on the child’s best interests, regardless of military status.
Are parenting plans different for military families?
They can be. Plans often account for deployments and relocation, requiring flexible arrangements.
Do military spouses qualify for alimony in Florida?
Yes, depending on the marriage length, financial need, and other factors under Florida law.
Will deployment delay my divorce case?
It can. Courts may pause proceedings under the SCRA if active duty limits participation.
How do I serve divorce papers to a deployed spouse?
Service must comply with SCRA protections, which may require personal service and allow for legal delays.
Speak with a Jacksonville Military Divorce Lawyer Today
If you or your spouse are in the military, divorce can bring challenges that go beyond the typical case – federal laws, deployment delays, and benefit division all require specialized legal knowledge. At Sasso Guerrero & Henderlite, we understand what’s at stake and how to protect your interests.
Whether you’re stationed in Florida or deployed abroad, our attorneys are ready to help you navigate the process with clarity and confidence.
Call Sasso Guerrero & Henderlite for a confidential consultation and get the guidance you need from an experienced Jacksonville military divorce lawyer.