Jurisdictional Issues in Military Divorce
Military service inevitably requires families to move to new states throughout the country. As a result, Tampa military divorces frequently raise complex jurisdictional questions. For example, Florida residents who join the military are frequently stationed in another state or another country. Likewise, military servicemembers in Florida on military orders may call another state “home.”
Under Florida law, a military servicemember or spouse living in Florida on military can always file for divorce, even if the party has not lived in Florida for the requisite six months. This is important because many states require a lengthy waiting period before parties can even file for divorce. If you are a Florida resident and want a divorce quickly, we may be able to help. Even if your spouse is not subject to jurisdiction here, they will frequently sign a settlement agreement just to get it done.
For parties with minor children, different laws govern jurisdiction for purposes of establishing support or making an initial child custody determination. For example, the Uniform Child Custody Jurisdiction and Enforcement Act (the “UCCJEA”) typically places jurisdiction exclusively in the state where the children have lived for the past six months. This rule applies without regard to which state a party claims as his or her legal residence.
An experienced military divorce attorney will understand the special jurisdiction rules that apply to military servicemembers. You cannot afford to file for divorce in the wrong state or be forced to submit to litigation in a state where jurisdiction is improper. Make sure your attorney has the skills and experience to get it right
Related Military Divorce Information: Military Relocation