Florida service member rights when it comes to divorce

Divorce can touch people of all ages, socio-economic backgrounds and career paths. Military personnel in Florida who are married are not immune from breakups, and there are service member rights in place when it comes to the divorce process. The military looks upon divorce as a civil matter and will only become involved when contentious issues involve pay, benefits or property.

When it comes to identification cards, a military member can’t stop his or her spouse from using a military family ID. To do so may involve a larceny charge. It is only the U.S. Congress that decides who can and can’t use a military ID card, not the military member who is the sponsor of that card. Once a divorce is final, however, the former spouse is likely to lose the card unless the couple had been married for at least 20 years or the sponsor had been in the services for 20 or more years and is entitled to a pension or if there was a 20 or more year overlap of the service and the marriage.

By law, a military member must be living with his or her family in military housing. If the member moves out, the spouse must vacate the premises unless there are children involved. A military member doesn’t have the right to evict his or her estranged spouse. That authority belongs to the installation commander.

A Florida lawyer who is experienced in military-related family law may be able to assist when it comes to the legalities of service member rights in the divorce process. Divorce laws can be confusing and complex and when adding military rules into the mix, can become even more so. A savvy attorney will know the ins and outs of the Servicemembers Civil Relief Act and other applicable laws.