Military Divorce Attorney in Tampa, Florida

Proudly Representing Service Members, Spouses and Veterans Since 1997

Military divorces happen at all stages of marriage, from long 20-year marriages to couples married just before deployment overseas. It is important to note that the military does not grant divorce. State courts grant divorces to persons who are in the military and it’s better to think of military divorces as divorces involving military personnel. As such, international law could become relevant factor when divorcing a military member who is overseas. This is particularly true if the country has signed the Hague Convention. The Hague Convention covers service of process abroad and may apply in some child custody disputes.

When your marriage is ending and the military is part of the equation, you need guidance from attorneys and staff who understand both Florida family law and the unique rules that apply to service members and their families. Our Tampa military divorce lawyer helps you protect your rights, your benefits, and your future—whether you’re stationed at MacDill Air Force Base, deployed overseas, or transitioning to civilian life.

Why choose us for a military divorce case?

• Military-savvy counsel: We regularly handle cases involving deployments, relocations, and base housing concerns.

• Clear strategy: We translate complex military regulations into practical steps so you know what happens next and we keep you informed about the procedures involved.

• Local experience: We are exceptionally experienced in military divorce as McDill Air Force Base is in Tampa and we have worked with 100s of military clients over the years.

• Free consultation:  To discuss your particular situation and to give you options. To talk with you before you make a commitment as to whom you would like to represent you in this important matter.

Frequently asked questions (FAQ)

How long does a Florida military divorce take?
Uncontested cases may resolve in a few months. Contested issues, deployments, or overseas service can extend the timeline—especially if SCRA stays apply.

Do I have to be in Florida to file?
Not always. If Florida is your domicile or you meet the residency rule, we may file here even if one spouse is stationed elsewhere. We handle appearances remotely when allowed.

Will my spouse get part of my military pension?
The marital portion of retired pay is subject to equitable distribution. Whether DFAS pays directly depends on the 10/10 rule; otherwise, payments can be made between spouses.

What happens to BAH after separation?
BAH can change based on dependent status and location. Support orders should dovetail with any in-kind BAH or allowances to avoid double counting.

Can custody change if I deploy?
A deployment alone shouldn’t be used to permanently change custody. Courts can authorize temporary time-sharing modifications with restoration upon return, consistent with Florida law.

What makes a military divorce different?

While Florida follows the same core divorce process for civilians and service members, several military-specific rules can affect timelines, jurisdiction, benefits, and support:

1) Residency & filing in Florida

You can typically file in Florida if either spouse has lived in Florida for at least 6 months before filing, or if a Florida domicile is maintained while stationed elsewhere. We’ll evaluate the best forum when spouses live in different states or countries.

2) Protections during deployment (SCRA)

Under the Servicemembers Civil Relief Act (SCRA), active-duty members may seek a stay (pause) of proceedings when service prevents participation. We coordinate filings and hearings to respect mission demands while keeping your case moving.

3) Dividing military retirement (USFSPA)

Military retired pay is divisible in divorce, but only under specific rules in the Uniformed Services Former Spouses’ Protection Act (USFSPA). Key issues include:

• The “10/10 rule” for DFAS direct payment (10 years of marriage overlapping 10 years of service).

• Accurate coverture fractions to calculate the marital share of retired pay.

• Thrift Savings Plan (TSP) accounts and proper court orders.

• Survivor Benefit Plan (SBP) elections and deadlines to protect a former spouse’s interest.

4) Health care & base privileges

Depending on years of marriage and creditable service overlap, a former spouse may qualify for limited or extended TRICARE coverage (e.g., 20/20/20 or 20/20/15 scenarios) or temporary CHCBP coverage. We explain what continues and what ends after divorce.

5) Child custody with deployments

Florida requires a parenting plan tailored to your child’s best interests. For military families, we address:

• Deployment-contingent time-sharing (temporary modifications and make-up time).

• Virtual time-sharing to maintain frequent contact while away.

• Smooth exchanges during PCS moves and long-distance parenting.

6) Support & allowances

Calculating child support and alimony must account for base pay, BAH, BAS, special pays, and incentives. We ensure complete disclosure and accurate guidelines to avoid over- or under-payment.

Our Tampa military divorce process

1. Case evaluation – We review your service status, orders, and goals.

2. Filing & service – We select the correct venue and manage service in compliance with military rules.

3. Temporary relief – We can seek temporary orders for time-sharing, support, and home use.

4. Discovery – We gather LES statements, retirement points, TSP records, and benefit data.

5. Negotiation/mediation – Most cases settle with detailed Marital Settlement Agreements that anticipate deployments and PCS moves.

6. Court hearing – If needed, we present a clear, regulation-informed case to the judge.

The Hague Convention Service & Custody

Florida law requires the service of military personnel outside the United States conform to the requirements of the Hague Convention. Consequently, the Convention of the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (the Convention on Service Abroad) governs the service of divorce papers on military spouses abroad. The convention requires that service follow the rules of the country where the service member resides. Additionally, documents may need to be translated into the local language, even if the service member does not speak the language.

A different Hague Convention may apply if a child is improperly taken overseas. The Hague Convention on Child Abduction (Child Abduction Convention) is likely to come into play when a child was improperly, or illegally, removed from a custodial parent. A Child Abduction application may be made at The Hague when:

• A child is taken, or retained across an international border,
• The place where the child is being held is away from the child’s habitual residence,
• The child was removed without the consent of the custodial parent; and
• The custodial parent has custody according to the law of the child’s habitual residence.

If the countries involved are parties of the Child Abduction Convention, then the child must be returned to the habitual residence. This will be the case unless returning the child will create a grave risk of harm to the child. The “habitual resident” is usually the physical location of the child six months prior to filing the application.

Military divorce and potential custody disputes are complicated. These issues are even more complicated in military divorces that involve the Hague Convention. Military divorces evolve rapidly and there is too much at stake for attorneys and their clients to learn about critical aspects of the Hague Convention on the fly. It is extremely important to locate counsel with knowledge and experience in military divorce and Hague proceedings.

Top Rated Tampa Military Divorce Attorneys

The experienced military divorce lawyers at the law firm of All Family Law Group, P.A. have the skills necessary to take you through your military divorce. Our attorneys and office staff are extremely knowledgeable and competent in the area of military divorce and will help you throughout the process. Contact us at 813-672-1900, text us at 813-543-8960 or email us for a free consultation to discuss your situation and determine your options.