Does military law determine the outcome of your divorce? 

On Behalf of | May 8, 2022 | Military Family Law |

Military service members are subject to different rules and professional expectations than civilian members of the public. Service members and their family members also receive benefits that are not available to civilians. 

When a service member is about to divorce, they may not understand what the process will entail. Many people know that there are military rules that specifically apply to divorces, and this may make them think that military law is what governs service members’ divorces. However, that is actually not what happens. 

State law decides your divorce outcome

As a service member living in Florida, provided that you meet the jurisdiction requirements at the time that you file for divorce, it will be Florida state law that governs what happens in your divorce. 

From the division of your property to the parenting time-sharing arrangements for your children, Florida rules dictate the outcome of your divorce. State law imposes an equitable distribution standard for property division. In shared custody matters, a judge will have to consider what is best for the children based on your family’s circumstances. 

There are some military rules that come into play in a military divorce, especially when there are children or ex-spouses who still receive certain military benefits or when there is a military pension subject to division in the divorce. You may have to file updated paperwork to reflect your new family situation, and your parenting plan may need to integrate solutions to the unique challenges of parenting while serving in the military, like the use of virtual visitation. 

Understanding what takes place in a military divorce in Florida can help you prepare for the upcoming end of your marriage.