Deployment Divorce · Florida

Deployment Divorce in Florida.
SCRA Stays, § 61.13002 Custody & USFSPA Coverture.

Deployment changes the timing, the procedure, and sometimes the substance of a divorce. The Servicemembers Civil Relief Act protects deployed members from default judgment and grants stays of proceedings. Fla. Stat. § 61.13002 governs timesharing during deployment. USFSPA coverture calculations include deployed creditable service. Attorney Fraser handles deployment cases for both deploying service members and at-home spouses — with deployment-aware scheduling and SCRA-compliant procedure.

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Quick Answer

Florida deployment divorce involves three federal/state frameworks: SCRA (90-day minimum stays, default-judgment protection), Fla. Stat. § 61.13002 (deployment timesharing — presumed temporary modification, designee delegation), and USFSPA (deployed creditable service in pension coverture). Both deploying service members and at-home spouses can file in Florida if 6-month residency is met. Free consultation: 877-862-7188. FL Bar No. 625825 · DC Bar No. 460026 · FL Supreme Court Certified Mediator (Cert. No. 37256 CFR).

Deployment Divorce — Three Frameworks

SCRA, § 61.13002 & USFSPA Coverture

Deployment divorce sits at the intersection of federal protection for the deployed member, Florida statutory protection for the parent-child relationship during deployment, and the coverture math that determines pension share. Each framework has its own deadlines, procedures, and pitfalls. A deployment-clause parenting plan drafted before deployment is usually far more reliable than a court order obtained mid-deployment under time pressure.

Frequently Asked Questions

Deployment Divorce Questions

Can I file for divorce while my spouse is deployed?
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Yes. SCRA does not prevent the non-deployed spouse from filing — it provides protections for the deployed service member, primarily a stay (90-day minimum) when duties materially affect ability to appear. Florida residency for 6 months is required. Service of process must follow SCRA-aware methods to be valid; default judgments require court-appointed counsel for the absent service member.
What does an SCRA stay actually do?
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SCRA permits an active-duty service member to request a stay of any civil proceeding for an initial 90 days minimum. The court may extend further. The request must show current duties materially affect the ability to appear or respond. SCRA does not eliminate the case — it pauses it. Discovery and emergency motions can sometimes proceed in narrow circumstances.
What happens to custody during deployment?
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Fla. Stat. § 61.13002 governs deployment timesharing. A deployment-prompted modification is presumed temporary — the deployed parent's prior schedule is restored upon return. The deployed parent may delegate timesharing to a designee (typically family member). Florida courts may not use a parent's actual or potential deployment as the sole basis for a permanent modification.
How do I include a deployment clause in a parenting plan?
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Best-practice parenting plans include a deployment clause specifying: who has primary timesharing during deployment, deployment-affected exchange handling, designee delegation rights under § 61.13002, electronic communication (FaceTime/Zoom schedule), and snap-back schedule upon return. Pre-deployment drafting prevents costly post-deployment disputes.
How does deployment affect USFSPA pension division?
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Deployment time generally counts as creditable service under USFSPA — marriage time during deployment overlaps with creditable service for the coverture fraction. Hostile-fire pay, hazardous-duty pay, and combat-zone exclusion may affect gross income for support and the basis for retired pay. Combat-related compensation under Title 38 is usually excluded from divisible disposable retired pay.

Deployment Divorce Free Consultation

Confidential consultation. Phone or video. Same-week availability. Pre-deployment parenting-plan drafting before you ship.

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