Jacksonville Military Divorce Attorney
Board-Certified Representation for Service Members & Military Spouses in Duval County
Military divorce isn’t a variation of civilian divorce. It’s a separate legal challenge governed by both Florida family law and federal statutes, including the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses’ Protection Act (USFSPA). The overlay of those two legal systems creates procedural complexity that requires an attorney current on both. I’m Charles E. Willmott, a Board Certified Family Law Attorney since 2008 and a Florida Supreme Court Certified Family Law Mediator since 1999, and military divorce cases are a specific focus of my practice.
Because I’m a solo practitioner, you work directly with me, not with an associate or paralegal. I represent service members and spouses across every branch and rank, and you get consistent, informed guidance at every stage, from the first filing through final decree.
Challenges of a Military Divorce in Florida
Every military divorce in Jacksonville involves questions civilian divorce doesn’t. Florida courts apply state equitable distribution principles, but federal law dictates how pensions, benefits, and certain protections operate. These are the issues I work through with military clients.
- SCRA Protections: The Servicemembers Civil Relief Act protects active-duty members against default judgments and allows stays of divorce proceedings. The active-duty member must generally be personally served with the summons before proceedings move forward.
- Residency and Jurisdiction: To file for divorce in Florida, at least one spouse must have resided in the state for six months. For military families, this requirement can be satisfied by the non-military spouse residing in Florida for six months, even if the service member is stationed elsewhere.
- Child Custody and Deployment: Under Florida’s Uniform Deployed Parents Custody and Visitation Act (F.S. 61.703–61.773), courts can approve temporary custody modifications during deployment that revert automatically when the service member returns. A court cannot permanently modify custody based solely on deployment.
- Child Support Calculations: Child support in a military divorce is calculated on total military compensation, including base pay, Basic Allowance for Housing (BAH), and Basic Allowance for Subsistence (BAS), not taxable income alone.
- Military Pension Division: Marital property in Florida is subject to equitable distribution. Military pensions are divisible under the USFSPA and follow different rules than civilian assets, including the 10-Year Rule governing direct DFAS payments.
- Separate Military Assets: The Survivor Benefit Plan (SBP) and Thrift Savings Plan (TSP) are separate from the military pension and must each be addressed in the divorce decree. The TSP requires its own court order for division.
- VA Disability Compensation: VA disability pay is federally protected and cannot be divided as marital property. Florida courts may, however, consider it as income for child support and alimony calculations.
- Alimony: Florida’s 2023 alimony reform eliminated permanent alimony and introduced durational caps. BAH and BAS count as income for alimony calculations under the reform.
Contact my office today by calling (904) 849-5183 for direct, board-certified representation in your Jacksonville military divorce.
What Is a Military Spouse Entitled to in a Florida Divorce?
Combined child support and alimony orders against a service member generally may not exceed 60% of the service member’s pay and allowances. The USFSPA permits Florida courts to treat military disposable retirement pay as marital property subject to equitable distribution. The portion of retirement benefits accrued during the marriage is divisible, and when the marriage lasted at least 10 years with 10 years of overlapping military service, the former spouse’s court-ordered share can be paid directly by DFAS.
The court adjusts the percentage based on:
- Any retirement benefits the non-military spouse earned during the marriage
- Any unequal division of other property
Accessible to Out-of-State & Deployed Clients
Military clients often can’t walk into an office. I strive to return calls the same day they’re received, and I serve clients who are out-of-state or out-of-country by phone and email. If you can’t appear in person for a court hearing, I can discuss telephone appearance options for your situation.
I hold an AV Preeminent rating from Martindale-Hubbell, the highest peer-review designation that service provides, as well as a Distinguished rating. Whether you’re stationed at NAS Jacksonville, Naval Station Mayport, or elsewhere, my office is equipped to work with your schedule and your circumstances.
Dedicated To Client Satisfaction
-
"Charles Was A Godsend For Me Through My Divorce!"
Charles was a Godsend for me through my divorce. He was so sweet and kind to me but very intimidating to the other party. he didn't play games, he was straight to the point, VERY PROFESIONAL. -
"Dedicated Profession Who Speaks The Truth!"
Charles Willmott is a dedicated professional who will speak the truth. Mr. Willmott is straightforward with his clients and is willing to listen. He can take what at times can be very messy situations and come up with a clear plan of action. -
"Charles Is A Very Impressive Attorney!"
I was a mess the first day I met with him; he immediately put my mind at ease and explained the different outcomes my divorce may have had. He's extremely knowledgeable, upfront, and honest. -
"He Has Never Let Me Down!"
I have been a client of Charles for almost nine years, and he has never let me down. He always told me what to expect and has been right every time. -
"Charles Willmott Provided Superb Advice & Excellent Representation!"
Charles Willmott provided superb advice and expert representation. He replied to every question very quickly and thoroughly.