The Law Office of John Vernon Moore, P.A. has a strong emphasis on military divorces and the unique issues associated with military families.
It is important to note that Attorney John Moore is not only an experienced attorney for military divorce in the John Vernon Moore Law Office but is also married to an active duty service member.
This knowledge and first-hand experience in the legal aspect of military families in Florida means our attorneys have a special interest with servicing issues related to military divorce in Florida.
Military divorces incorporate both state and federal laws and a thorough knowledge of these laws are of paramount importance to competent representation in a military divorce. Failure to retain a divorce attorney without intricate knowledge and understanding of the military divorce implications jeopardizes your case tremendously.
With that being said, it is imperative for military families facing divorce to employ an attorney who has a thorough understanding of the many complex issues that parties encounter in a military divorce. Without the help of an experienced and knowledgeable military divorce attorney like the attorneys at The Law Office of John Vernon Moore, P.A., a party involved in a military divorce might not receive a fair outcome or be able to develop better decisions when facing the complex issues in a military divorce. Above all, it is important to always keep in mind that a military divorce is very unique and should not be taken lightly – the additional legal issues that encompass military divorces makes it critical that either spouse seeks the advice of an attorney who understands the complexities of military divorces. At The Law Office of John Vernon Moore, P.A., we have attorneys who have extensive experience in military divorce and other military family issues that would be glad to help you through any issues you are facing or could potentially face.
Some potential issues military divorces encounter include the following:
The Servicemembers Civil Relief Act (SCRA) (50 U.S.C. app. §§ 501 et seq.)
Ordinarily, the Florida Rules of Civil Procedure provide that when a party “serves” their spouse with divorce papers, the spouse who has been served with the divorce papers has 20 days to respond or face the possibility of a default being entered against them. However, this is not always the case due to the Servicemembers Civil Relief Act (SCRA).
There are three primary areas of coverage under the SCRA: (1) protection against the entry of default judgments; (2) stay of proceedings where the servicemember has notice of the proceeding; and (3) stay or vacation of execution of judgments, attachments and garnishments. 50 U.S.C. app. §§ 521, 522 and 524.
In the context of a military divorce, the SCRA allows active duty servicemembers to formally request the court the divorce is filed in to put on hold, delay, or in other words, “stay” the divorce from moving forward because of the prejudice they would incur from having to respond within the normal timeframes and deadlines governed by the Florida Rules of Civil Procedure. A spouse who has been served with divorce papers during active duty must make a written request to the court.
The SCRA provides that servicemember are permitted to have the divorce proceedings put on hold for a period of at least 90 days. After the initial stay requested by the servicemember, the court can grant subsequent extensions for a reasonable period of time but not indefinitely.