Can I file for divorce in Florida while my spouse is stationed with the military in another country?
Yes, you can. The law typically allows for the filing of a divorce in the state where either the husband or the wife has a legal residence. The person starting the divorce usually files in the state where he/she lives.
Before choosing where to start the divorce, it’s important to know how that state handles the division of military pensions. The federal law governing the division of military pensions is the “Uniformed Services Former Spouses’ Protection Act” (USFSPA).
This federal law says that the state where the military member resides always has the power to divide the military pension in a divorce. So if you file for divorce in a state that is not the military member’s state of legal residence, then the court may not have the authority to divide the pension.
For divorce assistance, contact the Divorce Attorney Tampa for your Free Consultation at (813) 336-3616.
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