When one spouse is in the military and stationed outside Florida, couples often assume the divorce will be complicated. This case shows how a clean, agreed settlement can still move quickly.

The couple had been married a little over a year and had grown apart. There were no children, no real property, no vehicles, no retirement accounts, and no debts. Each spouse kept their own individual bank accounts and belongings, and both waived alimony. The wife lived in Florida and was the resident spouse for purposes of the six-month Florida residency requirement; the husband was on active duty and had since been stationed in another state.

Because the husband was a servicemember, the settlement agreement addressed the items that matter in a military divorce: no military retired pay was being divided, each spouse waived any claim to the other's military retirement benefits, the wife agreed to be removed as the beneficiary of the husband's Servicemembers' Group Life Insurance within 30 days of the judgment, and the parties acknowledged that her TRICARE coverage would end when the judgment was entered. The wife also asked to have her former name restored, which the court granted as part of the judgment.

Each spouse signed and had their signature notarized separately over video with a Florida-commissioned online notary, from their own state, on different days. Along the way the firm caught that the name printed on the wife's marriage certificate differed from the name on her current driver's license, and corrected the documents to match her current legal name before anything was signed.

The signed packet was filed 8 days after intake, the firm submitted the proposed Final Judgment to the assigned judge the same day, and the judge entered the Final Judgment without a hearing five days later. Filing to Final Judgment took 5 days, and intake to Final Judgment 13 days.

Frequently Asked Questions

Can I get divorced in Florida if my spouse is on active duty and stationed in another state?

Often, yes. Florida requires that at least one spouse have been a Florida resident for six months before filing. If the spouse who lives in Florida meets that requirement, the servicemember spouse does not need to be in Florida, and in an uncontested case can sign remotely.

What happens to military benefits like SGLI and TRICARE in a divorce?

It depends on the agreement and on federal rules. In this kind of case the settlement agreement can state whether any military retired pay is being divided, set a deadline for removing the former spouse as SGLI beneficiary, and acknowledge that TRICARE coverage ends when the divorce is final. Former spouses generally should plan for their own health coverage.

Does an out-of-state or deployed spouse have to travel to Florida to sign?

No. Each spouse can sign before a commissioned online notary over a video call, from wherever they are, on separate days if needed.

Why was the case filed in a county where neither spouse lives?

Florida allows uncontested cases to be filed in a county by consent of the parties. The firm files its uncontested cases in one Florida county under a written venue agreement, which keeps the process consistent and efficient regardless of where in Florida, or outside it, the spouses live.

Can my former name be restored in the Final Judgment?

Yes. A request to restore a former name can be included in the settlement agreement, and the court typically grants it in the Final Judgment itself. You will need a certified copy of the judgment to update your name with the DMV and Social Security.

About the Author

Antonio G. Jimenez, Esq., Florida divorce attorney

Antonio G. Jimenez, Esq.

Florida attorney since 2006 · Florida Bar #21022 · LL.M. Trial Advocacy

Antonio is the founder of FloridaDivorce.law and creator of Victoria AI, our AI legal intake specialist. A U.S. Navy veteran and former felony prosecutor, he has handled thousands of family law cases across Florida. He built this firm to deliver efficient, transparent legal services using technology he developed himself.

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