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Military Divorce in St. Cloud, FL: What You Need to Know

If you or your spouse serves in the military, divorce works differently than it does for most families in St. Cloud. Florida has its own divorce laws, but the federal government adds extra rules on top of them. We are a local divorce attorney in St. Cloud, and we help military families in Osceola County sort through all of it. This page breaks down what those rules mean for you and what happens at each step.

How Military Service Changes Your Divorce in St. Cloud

Most families in St. Cloud go through Florida’s standard divorce process. Military families follow the same basic steps, but two federal laws change how some things work.

The first is the Servicemembers Civil Relief Act, or SCRA. This law protects service members who are deployed. If your spouse is away on active duty and cannot take part in court, a judge may pause the case. This keeps deployed service members from losing rights just because they are not home.

The second is the Uniformed Services Former Spouses’ Protection Act, or USFSPA. This law lets Florida courts split military retirement pay between spouses. It applies even if both of you serve. Knowing about both laws before you file can save you from making costly mistakes.

Who Can File for Divorce in St. Cloud

To file for divorce in Florida, at least one spouse must have lived here for six months. If you are stationed nearby, your military orders usually count toward that requirement. St. Cloud sits in Osceola County, which is part of Florida’s 9th Judicial Circuit. That is where your case would be filed.

If both of you are on active duty, the question of where to file gets more complicated. In some situations, you may have a choice. We look at your orders and where you both live to help you figure out the right move.

When Both of You Serve

If both spouses are in the military, there are more pieces to work out. Both of you may have SCRA rights. Both of you may have military retirement accounts. And both of you may have duty schedules that make custody harder to plan.

The biggest things to sort out are:

  • Which court handles your case and where you should file
  • How each person’s military retirement gets divided
  • How your parenting plan handles deployments and possible moves
  • Whether the SCRA protections apply to one or both of you

Splitting Military Benefits During Divorce

Military retirement pay is usually the biggest financial piece in these cases. Under the USFSPA, a Florida court can treat that retirement as property shared by both spouses. How much each person gets depends on how long you were married and how long the service member served during the marriage.

VA disability pay is different. A Florida court cannot split VA benefits the same way. But a judge may look at those benefits when deciding on alimony or child support. This difference matters, so it is worth going over before you agree to anything.

TRICARE health coverage and access to base services may also stop after divorce. Whether that happens depends on how long you were married and how long your spouse served. We go over all of this with you so there are no surprises after your case closes.

Child Custody for Military Families in St. Cloud

Florida courts almost always want both parents involved in a child’s life. That does not change just because one or both parents serve. What does change is how the parenting plan is written.

Military families in and around St. Cloud need plans that cover:

  • Who takes care of the kids during a deployment
  • What happens if one parent gets orders to move to a new base
  • How holidays and school breaks work when schedules are unpredictable
  • How a parent stays connected with the kids when they are stationed far away

A solid parenting plan prevents arguments down the road. We write plans that are clear enough to follow and flexible enough to hold up through military life.

Uncontested vs. Contested Military Divorce

A lot of military divorces in St. Cloud can be settled without a long court fight. If you and your spouse can agree on how to split property, handle custody, and work out support, the process moves much faster. Uncontested divorce costs less and puts less stress on your kids.

When spouses cannot agree, the case becomes contested. Disagreements over retirement pay, custody, or support mean more time in court. Most courts in Osceola County require mediation before going to trial. We help you get ready for that and work toward a solution that is fair to you.

Hungate Law Firm focuses heavily on uncontested divorce. If your case qualifies, we will tell you straight away. If it does not, we will explain what to expect so you are never left guessing.

Frequently Asked Questions

Can my divorce be put on hold because I am deployed? Yes, the SCRA gives you the right to ask a court to pause your divorce while you are on active duty. If being away keeps you from taking part in your case, a judge can delay things until you are able to participate.

Will my spouse automatically get half of my military retirement? No. Florida divides marital property fairly, but that does not always mean 50/50. The part of your retirement that built up during the marriage is usually considered shared property. The exact amount depends on the details of your case.

Do courts in Osceola County favor mothers over fathers? No. Florida law does not take sides based on gender. Judges look at what is best for the child. Things like who is more involved, how stable each home is, and what each parent’s schedule looks like carry far more weight than gender.

What happens to my TRICARE coverage after divorce? It depends on how long you were married and how long your spouse served. A common rule called the 20/20/20 rule determines whether a former spouse keeps TRICARE. We review your situation and tell you clearly what you can expect before anything is finalized.

How long will a military divorce take in St. Cloud? An uncontested military divorce can wrap up in a few weeks to a couple of months after paperwork is filed. Contested cases take longer. SCRA delays can also push timelines out further. We give you a straight answer about your timeline at your free consultation.

Talk to a Divorce Attorney in St. Cloud Today

Hungate Law Firm, P.A. has been serving St. Cloud, Kissimmee, and the rest of Osceola County since 1997. Attorney Shawn Hungate has more than 25 years of family law experience. He handles every case with honesty, clear communication, and genuine care for the families he works with.

We offer a free consultation so you can get real answers before spending a single dollar. No pressure. No obligation. Call us, text us, or book online whenever you are ready.

Hungate Law Firm, P.A. 122 S Rose Ave, Kissimmee, FL 34741 Phone: (407) 846-1529 Website: https://hungatelaw.com

About the Author

Shawn Hungate

Shawn Hungate is a dedicated family law attorney specializing in uncontested divorce cases in Kissimmee and Osceola County. With extensive experience navigating Florida’s legal landscape, Shawn helps clients achieve amicable resolutions efficiently, often minimizing or eliminating the need for court appearances. His practice focuses on providing clear guidance and meticulous preparation to ensure a smooth and stress-free divorce process for his clients.