South Miami Military Divorce Lawyer
Representation for Service Members in Family Law Matters
Military divorces involve unique issues that differ from civilian divorces. These issues have to be understood and factored into any divorce proceedings for current or retired service members. If you are a service member and need to initiate a divorce, Beatriz Zyne, P.A. offers flexible appointments, a personal touch, and detail-oriented legal service, including experience with special military needs. You will work directly with our military divorce attorney, Beatriz Zyne, who has spent 20 years working in the legal field and who thoroughly understands the challenges and complexities involved in any divorce matter.
Florida Divorce Cases under Federal Laws
There are specific laws that govern a military divorce. Because they are complex, it is important to work with an experienced attorney who knows how to navigate these proceedings.
The Servicemembers Civil Relief Act
As in any divorce, an active-duty military person must be served divorce papers in person to give the court jurisdiction over the proceeding. However, when active-duty servicemembers are deployed or overseas, this is not always possible. The Servicemembers Civil Relief Act — formerly known as the Soldiers’ and Sailors’ Civil Relief Act — allows divorce proceedings to be postponed until up to 60 days after their active-duty period. Thus, servicemembers cannot be held at fault for failing to sign the divorce action, and they are protected from being divorced by their spouse without any knowledge of it while away.
If a service member wishes to waive this protection, he or she may do so to allow the proceeding to move forward. When the case is uncontested, the active-duty member can submit a waiver affidavit to allow the divorce action to proceed.
The Uniformed Services Former Spouses’ Protection Act (USFSPA)
Division of marital property includes the complex area of pensions. The Uniformed Services Former Spouses' Protection Act (USFSPA) regulates how a military person’s retirement benefits are divided when getting divorced, and that governing entity is the only one able to divide, distribute, and authorize any portion of the military retiree’s pension income to be paid to his or her divorced spouse. Under this law, the couple must have been married for 10 years or more while the military spouse was on active duty for the former spouse to qualify to receive any of the pension.
To learn more about all of the factors involved in your military divorce, consult with our South Miami military divorce attorney. You can trust that your legal rights will be fully protected and that your best interests will be tenaciously pursued throughout the duration of your case.