Military Personnel and Family Law Matters
Military personnel are considered Florida residents for divorce and paternity purposes if they resided in Florida prior to entering the military and never established a residency outside of Florida thereafter. In fact, Florida statutes and case law have made it clear that moving to another state for military assignment does not affect the residency component. For example, a husband who lived in Florida prior to enlisting and who has been stationed in Texas for the last two years is still considered a Florida resident.
Just as important, military personnel that are called to active duty for more than seventeen (17) days while their family law case is pending are able to request a stay of their matter (a.k.a. put their case on hold). This period of a stay, or hold of your case, may be for the entire active duty period as well as up to thirty (30) days after returning from service. Of course, in order to request this stay of a case, the military personnel must follow specific notice guidelines in how to tell the other party in the family matter of this active duty service.
For more information relating to the affect of your military status in a family law matter or how to request a stay of your case due to active duty, please feel free to: contact Lindsay B. Haber, Esq.
Lindsay B. Haber, Esq. is a partner in the family law division of Kluger Kaplan. Ms. Haber has worked as a family law attorney for nearly nine years and has experience in high-profile, high-conflict family law matters, such as complex and high value property, business and financial distributions as well as acrimonious child-related matters including international kidnapping and parenting conflicts.