Military Divorce in Florida: Getting Divorce While Stationed in the State

While there are facets of a military divorce in Florida that are similar to a standard divorce, certain details differ. For example, in Florida, the court states that one or both spouses must have lived in the state for at least six months before filing for divorce. When you’re a member of the military, residence isn’t always simple. Sometimes, a member of the military is relocated without solid knowledge of where, or for how long.

State of Residence or Domicile

DivorceThere are regulations when it comes to the state court presiding over a divorce when a spouse is a member of the military. In order for the court to make decisions about details like military benefits, you must file in the state in which the military member is domiciled, or where the military spouse is a resident as agreed upon by both parties.

For military members, the domicile is the place the person calls a permanent home, or of legal residence. Even if you don’t live there, it may be the place to which you plan to return when your deployment or transfer is finished, the address for your taxes, etc. If you and your spouse agree upon the state for the divorce, it is a better way to start the process. It starts things off with collaboration.

Though two spouses may have different domiciles, the state of legal residence for the service member is where the divorce is best filed. Some states will allow a military member to file for divorce, even when that person is stationed temporarily. Ultimately, however, it’s best to file in the state of permanent residence; it makes the process less complex.

If you have been a Florida resident for at least six months, or your spouse is a member of the military and stationed here, call Miller Law. Neither standard nor military divorce in Florida is easy, but we understand both. We’ll get you through it.


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