Tampa Military Divorce Lawyer
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The Tampa military divorce lawyer team at Quinn & Lynch P.A. has represented many service members and their military spouses through the complexities of military divorces in Florida. Understanding federal law, state law, and specific military regulations, our experienced Tampa military divorce attorneys ensure that Florida military families receive fair treatment in matters of child support, division of military pension, and rights under the Former Spouse Protection Act. Our Tampa divorce attorneys provide legal guidance on the unique challenges faced by those on active duty, ensuring that all aspects of family law are handled with the care and precision required to safeguard the interests of our clients.
Contact a Tampa military divorce lawyer at 813-223-7739 to schedule a free consultation regarding your ongoing or potential military divorce case.
Military Divorce Checklist Florida
Florida military divorces follow a similar general process as civilian divorces but require additional considerations specific to military service outlined in the military divorce checklist.
Florida Residency Requirement: To initiate a military divorce in Florida, one must satisfy the residency requirement, where at least one spouse has lived in Florida for six months, or they can file based on their last joint residence or permanent home.
File for Military Divorce: The divorce is filed in the county where either spouse resides.
Serving The Other Spouse: The service member must be personally served with the divorce papers, even on active duty, which may involve military channels or alternatives like certified mail.
Agree on Terms: Both spouses must agree that the marriage is irreparable and consent to divorce terms regarding Tampa property division, child support, child custody, and alimony or spousal support.
Given the complexities, consulting with a Tampa family law attorney experienced in military divorce cases is crucial to ensure compliance with state and federal law and to protect individual rights throughout the process.
How Our Tampa Military Divorce Lawyers Can Help Military Families
Our Tampa military divorce attorney team understands the legal challenges that come with divorces for military service members and military families. That’s why our Tampa divorce lawyers are committed to providing compassionate and professional legal support. Whether you’re an active duty or retired service member, or you’re a military spouse, a Tampa military divorce lawyer at Quinn & Lynch, P.A., is here to offer you personalized legal guidance and advocacy.
Survivor Benefits Plan
The Survivor Benefits Plan is aimed at providing financial support to military families from the deceased service member’s military pension and military retired pay. Normally, SBP ceases to cover a former spouse post-divorce unless retained by the service member or mandated by court order. At Quinn & Lynch, our Tampa military divorce lawyer team assists service members in managing SBP coverage for ex-spouses and ensures that civilian former spouses secure their entitled benefits.
Division of Military Retired Pay
Under the Uniformed Services Former Spouses’ Protection Act, military retirement benefits can be deemed community property in a military divorce, potentially dividing a service member’s military benefits between both spouses. However, specific rules determine eligibility for military benefits. Our Tamp military divorce attorney team guides many service members and their spouses through these military regulations to protect military retired pay or secure financial support.
Family Support
Like other divorce cases, military divorces include considerations for family support, such as child and spousal support. At Quinn & Lynch, P.A., our Tampa military divorce lawyer team has a deep understanding of military divorce complexities to negotiate beneficial family support arrangements for both the military service member and military spouse, ensuring financial stability for all parties involved.
Contact a Tampa spousal support attorney to learn more.
Child Custody and Parenting Plans Around Active Duty Spouses
Navigating child custody with active duty military service requires the skills of a Tampa child custody lawyer or timesharing attorney. Our Tampa military divorce attorneys at Quinn & Lynch understand the unique dynamics of military service families in a divorce case. Unlike a typical civilian divorce, military divorces involve adapting to the demands of military service, which can impact parenting plans.
Our family law attorneys help clients develop flexible parenting arrangements that accommodate military deployments and reassignments. As Tampa relocation attorneys, we also guide military families on relocation, ensuring compliance with child custody agreements and supporting military parents’ career obligations. Our Tampa military attorney team prioritizes crafting solutions that balance the needs of military service with the best interests of the children.
Military Rules to Consider in a Florida Divorce Case
Below are important military rules to note for family law issues, such as military divorce.
Servicemembers Civil Relief Act (SCRA)
The Servicemembers Civil Relief Act (SCRA) provides critical protections to those on active duty, easing their legal and financial burdens so they can focus on their military service. This legislation includes postponing civil court actions and capping loan interest rates, along with adjusting defense finance obligations to accommodate military service members’ needs during deployment. These measures ensure that service members can manage their civil affairs effectively, allowing for the suspension of contract obligations like lease terminations and vehicle leases, thus safeguarding their rights and finances while they serve.
Former Spouse Protection Act
The Uniformed Services Former Spouses’ Protection Act (USFSPA) is a pivotal federal law that impacts the division of military pensions and retirement benefits in the event of a divorce. This legislation recognizes the right of a former spouse to a portion of the military retired pay, ensuring that the sacrifices made by spouses of service members are acknowledged in military divorce settlements. A Tampa military divorce lawyer can help navigate these complex family law matters, particularly when it comes to understanding how military pensions are calculated and divided according to military rules.
Key rules under the USFSPA include:
- 10/10/10 rule: If the marriage lasted at least 10 years while the service member performed 10 years of creditable military service, the former spouse is eligible to receive their portion of the retirement benefits directly from the Defense Finance and Accounting Service.
- 20/20/15 rule: A former spouse can receive medical benefits for one year if they were married for at least 20 years, the service member completed at least 20 years of creditable service, and there was at least a 15-year overlap between the marriage and military service.
- 20/20/20 rule: Provides full medical, commissary, and exchange privileges in the same manner as a retired service member if the marriage lasted 20 years, the service member completed 20 years of creditable service, and there was a 20-year overlap between the service and the marriage.
A knowledgeable Tampa military divorce lawyer can provide valuable guidance throughout the process.
Tampa Military Divorce Attorneys
Military divorces are much more complex than civilian divorces. If you served our country or are divorcing a uniformed service member, and you need legal family law help, contact the Tampa divorce attorneys at Quinn & Lynch, P.A. today.
Our Tampa military divorce attorney team has a deep understanding of Florida family law, federal law, and military divorce regulations, making our family law attorneys well-equipped to help military family members navigate the divorce process with confidence.
Our Tampa military divorce lawyers are prepared to represent military members and military spouses alike. No matter which side of the divorce you’re on, our family law attorneys can help ensure your rights and interests are protected. Our legal team can also handle a variety of family law matters, including civilian divorce proceedings, mediation, paternity disputes, and more.
Call 813-223-7739 or use our online form to schedule a consultation with one of our Tampa military divorce attorneys today.
Contact Our Experienced, Dedicated Divorce & Family Law Lawyers Today
As a dedicated family law practice in the Tampa Bay area, we work one on one with our clients, resulting in representation that is characterized by genuine care and understanding. If you are dealing with divorce or other family law issues, please contact at 813-223-7739 to schedule an appointment with one of our experienced family and divorce attorneys.