One of the unique traits of filing for a military divorce in Florida is that where you file for divorce matters most in military divorce proceedings. Frequent moves are a regular part of a service member’s life, which may affect divorce jurisdiction and where a separating spouse can file for divorce.
For military spouses, it is not altogether uncommon for a military couple to be residents of one state, married in a different state while living in a third state and owning property in yet another state. Further complicating matters is the notion that the military may have recently moved you to a new state, but you have not lived there long enough to establish jurisdiction.
At the core of these issues are two principles. First, military spouses need to first find out where they can file for a military divorce. Second, it is imperative to know which state is the best choice for a military divorce filing.
Finding Out Where You Can File
Having a choice in where you will file for divorce is one of the key differences (and potential advantages) between military divorces and civilian divorces. Determining where you may file for divorce will ensure you find the best jurisdiction that is friendly to your divorce needs.
It is important for either the service member or the spouse of a service member to understand that the state you were married has nothing to do with where you can file. Many states offer residency requirement exceptions for active duty personnel and spouses who prefer to file in a state where they are stationed. Florida is one of those states. So long as you or your spouse reside in Florida or are stationed in Florida, you may file for divorce regardless of where you were married.
Additionally, military spouses can file in a state where you:
- Have permanent residence
- Own property
- Last lived together as a husband and wife
Looking up the different divorce laws in each state you may file in will help you make the best decision on where to file for divorce. In Florida, both active duty spouses and a civilian spouse have good reason to file for military divorce in Florida.
Why Choose Florida for Your Military Divorce?
One of the key benefits for military spouses divorcing in Florida is: there is no separation requirement for a divorce. As soon as you or your spouse believe the marriage is no longer reconcilable, the divorce process can begin without delay.
There are many other reasons Florida is the best place to file for your military divorce, and these advantages will be addressed in the next part of this ongoing Guide to Military Divorce in Florida. To learn more about your Florida military divorce options, contact Destin divorce attorney John F. Greene or call 850-424-6833.
John’s office is conveniently located in Destin, and he also helps military spouses in the surrounding areas of Niceville, the Panama City area, Santa Rosa Beach and Fort Walton Beach.
