Jacksonville Military Divorce Attorney
Helping Military Service Members and Their Spouses Navigate Divorce in Florida
Military families have specific needs that have to be met when they are undergoing a divorce. Divorce is never an easy situation, but when one individual is on active duty, it could prove to be even more difficult than a typical civilian divorce.
Dedicated to Representing Military Families Facing Divorce
I put a significant amount of effort into helping military members and their spouses undergo a divorce to make it as smooth of a process as possible. I am a Board-Certified lawyer who has proudly developed the capability and experience to handle military divorces.
I support military members and their spouses through each step of the process and stage of their divorce, no matter his or her rank or branch of service.
Contact us today by calling (904) 849-5183 for the compassionate representation you need for your military divorce in Florida.
Thorough Representation for Military Families in Florida
At Charles E. Willmott, P.A., I understand that military clients have busy lives and they want their questions answered in a timely manner. I strive to return phone calls on the day that my client calls and I will make every effort to do whatever it takes to successfully accomplish a case.
Not every lawyer can effectively handle military divorce issues and the disputes that arise with them. Even if you or your spouse is pursuing a divorce while deployed, my office can help you through the process. We can suit your scheduling needs with meetings over phone or through email.
I have been BV-rated and was Chairman of Jax Bar Family Law Section 2003 to 2010. My experience handling these situations has earned me credibility as a Jacksonville military divorce lawyer in my community.
Challenges of a Military Divorce in Florida
A military divorce is difficult when compared to a typical situation. That is because there are many laws, both state and federally, that apply. These specific laws are designed to protect military members while they are serving.
- The Servicemembers Civil Relief Act (SCRA) - (SCRA) was designed to protect service members against default judgments so that they are not in a divorce without being aware that proceedings have begun. The active duty member must be personally served with the summons.
- Child support - Issues surrounding child support may arise in a military divorce. However, this is determined based on the best interests of the child.
- Child custody - One of the most highly disputed aspects of a military divorce. The court may take into account the unique circumstances of military families, such as the frequent relocation of service members. Parents should develop a parenting plan that shows evidence of prioritizing the best interests of their child(ren) and the court will usually accept it.
- State residence - In order to obtain a military divorce in Florida, one of the spouses must reside in Florida and the active duty spouse must be stationed in Florida.
- Property division - Specific rules apply when the divorce involves a military family. Marital property is subject to equitable distribution in Florida. This means that property acquired during the marriage is divided fairly but not necessarily equally. Military pensions, however, are subject to federal law and may be subject to different rules than other assets under the 10-Year Rule.
As a military divorce lawyer in Jacksonville, I can help your family undergo a military divorce. I can answer questions and provide guidance as to what to do if you are deployed and served with divorce papers.
What is a Military Spouse Entitled to in a Divorce in Florida?
A military spouse may be entitled to no more than 60% of a service member's allowances and pay in a divorce in Florida. The Uniformed Service Former Spouses' Protection Act (USFSPA) regulates the division of retirement benefits. Suppose the marriage lasted at least ten years. In that case, all retirement benefits accrued during the marriage are marital property and must be split equally.
The court will adjust the percentage of the retirement benefit based on:
- Any retirement benefits the non-military spouse has earned in the marriage
- Any unequal division of other property
Dedicated To Client Satisfaction
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"Charles Was A Godsend For Me Through My Divorce!"
Charles was a Godsend for me through my divorce. He was so sweet and kind to me but very intimidating to the other party. he didn't play games, he was straight to the point, VERY PROFESIONAL. -
"Dedicated Profession Who Speaks The Truth!"
Charles Willmott is a dedicated professional who will speak the truth. Mr. Willmott is straightforward with his clients and is willing to listen. He can take what at times can be very messy situations and come up with a clear plan of action. -
"Charles Is A Very Impressive Attorney!"
I was a mess the first day I met with him; he immediately put my mind at ease and explained the different outcomes my divorce may have had. He's extremely knowledgeable, upfront, and honest. -
"He Has Never Let Me Down!"
I have been a client of Charles for almost nine years, and he has never let me down. He always told me what to expect and has been right every time. -
"Charles Willmott Provided Superb Advice & Excellent Representation!"
Charles Willmott provided superb advice and expert representation. He replied to every question very quickly and thoroughly.