It is estimated that there are more than 55,000 active military members just in the state of Florida. Being in the military comes with obvious risks, but not everyone thinks about risks that their relationships may face. The unfortunate truth is that being an enlisted servicemember or an officer means that your chances of getting divorced are much higher than a marriage between two civilians. Factors that can lead to a ruined relationship include the extremely high stress of certain military jobs, being away for months at a time, and having to put country before family time after time.
Servicemembers who have experienced trauma while deployed or during training have an even higher divorce rate, with post-traumatic stress disorder (PTSD), depression, anxiety, sleeplessness, and an inability to assimilate back into civilian life being causes for divorce.
Military divorce is similar to civilian divorce in some ways and much different in others. An experienced family lawyer in West Palm Beach, FL can assist you as a servicemember or civilian in your divorce.
In a major national study of the top 30 careers with the highest divorce rates, military occupations came in at number 10. This includes first-line enlisted military supervisors, which had the highest divorce rate of any occupation at 30 percent. Being away from home for long periods of time is the leading cause of divorce among service members, which is evidenced by the fact that the Navy has the highest divorce rate of any of the armed forces.
Typically, a servicemember can file for divorce in the state that they are stationed in. In order to be classified as a resident of Florida, either one spouse needs to have been stationed in the state for at least six months or one spouse must have resided in the state for that six months.
However, there are other rules regarding a military divorce that a West Palm Beach, FL family lawyer can explain. Due to the Servicemembers Civil Relief Act (SCRA), a member of the military cannot be divorced, nor can proceedings begin, when they are on active duty. Furthermore, this law usually protects servicemembers for 60 days following active duty, meaning that if you or your partner are thinking about divorce, it cannot take place while the servicemember is on active duty or until two months after they return. This is something that needs to be considered and is something that does not apply to a normal civilian divorce.
There are other complications with military divorce, such as how a pension will be divided and how child custody will be handled. You need an experienced West Palm Beach, FL family lawyer on your side. Call Farkas & Crowley, PA to schedule a free consultation and find out how we can help.
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