Military Divorce

Military Divorce Attorneys in St Petersburg & Pinellas County

Approximately 50 percent of marriages fail due to various reasons. Job, career, and financial stress and other problems can cause relationships to break down for many Americans. Military service may strain marriages even further due to deployments in which couples are separated for lengthy periods and from other personal and career issues.

Getting a divorce as a military couple can pose more complications than civilian divorces because they involve legal and logistical issues that require specific knowledge and experience.

At Emerson Law, P.A., our St. Petersburg military divorce lawyers understand and can apply the federal laws that govern this process and Florida’s state divorce laws. We are here to help our military clients reach fair and just outcomes that protect their rights and best interests.

Speak with a St. Petersburg military divorce lawyer about your case in a confidential consultation. Contact us online or at (727) 855-6587 to get started.

Understanding Military Divorce

Military divorce involves the unique challenges and considerations of ending a marriage while one or both spouses are in the military. The complexities of these divorces are due to various factors, such as residency requirements and federal laws, that may affect the process. Military marriages also involve unique aspects such as deployments, relocations, and benefits.

Rights of a Military Spouse in Divorce

The Uniformed Services Former Spouses’ Protection Act (USFSPA) is a federal law that governs how military pensions are divided in divorce cases. Under this law, state courts can divide military pensions as marital property, and the former spouse can receive a portion of the military pension based on the length of the marriage during which the military service member earned the pension.

Another federal law that can impact military divorces is the Servicemembers Civil Relief Act (SCRA). This law provides certain protections to active-duty service members, including delaying court proceedings during deployment or other military duties and capping interest rates on pre-service debts. Additionally, the SCRA requires that service members be served with divorce papers in a specific manner and provides explicit legal remedies if these requirements are unmet.

Residency Requirements

Residency requirements for military divorce can be complicated because military members often live in several states throughout their service.

One important consideration is the “legal residency” requirement, which refers to the state where the couple must have lived for a specific time before filing for divorce. Depending on the state, this requirement may vary, and it is essential to consult an experienced attorney to ensure that all requirements are met.

To file for divorce in Florida, at least one of the spouses must have resided here for at least six months. This residency requirement applies to all divorces, including military divorce. However, exceptions for active duty military personnel and their spouses stationed in Florida may exist.

In some cases, military couples may be able to file for divorce in Florida even if they do not meet the six-month residency requirement. You can consult with our attorneys to understand the specific requirements and exceptions that apply to your case.

Divorce Issues

Other issues that must be resolved in military divorce cases include child custody, child support, spousal support (alimony), and property division. Military divorces can also involve issues related to military benefits, housing allowances, and survivor benefits. For example, the military may have specific rules regarding the eligibility of former spouses for medical benefits or life insurance policies.

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Consult with a Military Divorce Lawyer at Emerson Law, P.A.

At Emerson Law, P.A., we have over a decade of experience handling military divorce cases. Our attorneys have in-depth knowledge of the unique legal issues involved in military divorces, and we are well-versed in the federal laws that can impact these cases.

We understand your challenges as military families and are committed to providing compassionate and effective legal representation.

Phone us at (727) 855-6587 or contact us by email for a consultation about your case.

Read All Testimonials

"He held my hand through my entire custody process."
Mr. Emerson for lack of a better phrase held my hand through my entire custody process. I was very busy with other personal matters during the custody procedures, but my case never missed a beat due to Mr. Emersons diligence. I would highly recommend him to anyone needing an attorney in any of his areas of expertise. Mr. Emersons rates were also fantastic when I compared a few different lawyers.

- Nicholas
"I very much recommend Cody to everyone if you want a good dependable lawyer."
I can't say enough about a small legal problem I had and I retained Cody Emerson to represent me. Not only did he win my case but he and his staff went above and beyond to get my problems resolved. I very much recommend Cody to everyone if you want a good dependable lawyer.

- Karen M.
"I would highly recommend him!"
Mr. Emerson is an excellent attorney and I would highly recommend him. Cody and his team are professional and provided prompt responses to any questions I had throughout the entire process. He made a difficult process as smooth as possible and never gave me unreasonable expectations.

- Nicole P.
"I hold him in high regard and will recommend him!"
There’s no question Cody is a talented and dedicated lawyer. I hold him in high regard and will recommend him to anyone going through a divorce. Not only did he take over my case and accomplish more in a month than a whole year; he kept my mind at ease and helped me make some tough decisions. He’s extremely detail oriented and amazingly smart. I’m so grateful for all he’s done for me. If you’re looking for a trustworthy lawyer, he’s your guy!

- Sheli M.
"Cody is an outstanding attorney!"
I feel lucky to have had Cody Emerson and his team on my side during my divorce. Cody is an outstanding attorney, highly respected by the judge and court. He got me everything I hoped for, but didn't think that it was possible to get. Thank you, Cody, Kali and Jason for patiently putting up with me during these last two, most difficult years of my life and taking such good care of me. You guys are the best! Thank you!!!

- Eva

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