Filing for divorce is never easy, and being on active duty adds another layer of complexity.
Between deployments, relocations, and busy duty schedules, service members face unique
challenges when navigating the Florida divorce process.
If you’re active-duty military and thinking about filing for divorce in Florida, here are some key tips
to protect your rights, stay organized, and move forward with confidence.
Confirm Your Residency Before Filing
Even if you’re stationed elsewhere, you may still be able to file in Florida if:
- Florida is your home of record (your legal state for tax and voting purposes).
- You are currently stationed in Florida.
If you aren’t sure whether you qualify to file in Florida, check your residency status first — this is
critical to avoid delays.
Related: Florida Residency and Military Divorce: Why It Matters
Understand Your Rights Under the SCRA
The Servicemembers Civil Relief Act (SCRA) offers important protections during divorce
proceedings, including:
- The right to request a “stay” (pause) in the divorce case if your military duties prevent you from participating.
- Protection against default judgments if you cannot appear in court.
If you’re deploying or transferring soon, let your attorney know early so you can plan for potential
delays.
Related: How Military Deployment Affects Divorce Proceedings in Florida
Be Strategic About Timing
If you know you’ll be deployed soon or moving under new orders (PCS), it may be better to file
sooner rather than later. Some issues to consider:
- Filing before deployment can allow you to appear in court if necessary.
- Filing after deployment may delay the process and complicate custody or property division.
Related: Military Divorce in Florida Overview
Protect Your Access to Your Benefits
Divorce can affect your military benefits, including:
- TRICARE health insurance
- Housing allowances (BAH)
- Retirement pay and pensions
Make sure your divorce settlement addresses:
- Proper division of retirement benefits
- Survivor Benefit Plan (SBP) elections
- Continued healthcare coverage options
Related: Understanding the 10/10 Rule: Dividing Military Pensions in Florida Divorces
Custody and Parenting Plans for Active-Duty Parents
If you have children, your parenting plan must be deployment-ready. Important elements to consider:
- Delegated visitation rights: Allowing another trusted adult to use your parenting time during deployment.
- Communication plans: How you’ll stay in contact with your child while deployed.
- Post-deployment reunification clauses: Guidelines for resuming your parenting schedule after deployment ends.
Related: Child Custody and Parenting Plans When One Parent is Active-Duty Military
Final Thoughts
Filing for divorce while serving your country presents unique challenges, but with the right preparation and guidance, you can navigate the process successfully.
At Melendez Law Office, we understand the demands of military life and work closely with service members to ensure their rights are protected every step of the way.
Ready to move forward?
