Military law

Asked about 5 years ago - Davenport, FL

I am a dependant spouse with a 2 year old child living in Orlando Florida. My husband and father is a marine stationed in Pensecola, Fl. Our legal residence is Indiana. We are seperated and I want to insure that my child recieves support and medical insurance until I can afford a lawyer. How best do I go about this?

Additional information

Thank you. I have only been in florida for 4 months and still maintain an Indiana license. I am stuck in florida staying with friends with no income right now and recieving no help. My husband has stated he would pay for daycare so I can work and get money, but nothing so far. Will legal aid in Orlando help me? Or do I have to be in Indiana? My husband is still recieving his BAQ and BAS because Florida does not recognize legal seperation. I have to be divorced. All I want is for him to pay daycare, provide insurance and grant a divorce. With me broke he knows I can do nothing.. I certainly appreciate all the help I can get..

Attorney answers (2)

  1. Gary Robert Dorst

    Contributor Level 6

    Answered . If you and the child have been living full time in Florida for the last six months, Florida has jurisdiction. Try legal aid or hire a private lawyer if you can come up with some money.
    Good Luck

  2. Michael James VanDerZee

    Contributor Level 10

    Answered . If you still have a valid military dependent ID card, you are still entitled to free legal assistance at your nearest military installation. If you are in Orlando, I would recommend going to Patrick AFB near Cocoa Beach. Air Force JAGs would not be able to actually represent you in court, but they could give you advice on how to ensure that your child receives support and military benefits (insurance, base privileges, etc) after the divorce. They may even help you fill out the Florida divorce forms to file with the court.

    If he is providing absolutely no support to you at this time, you can contact his commanding officer or enlisted supervisor. While the CO can't force him to pay, he can certainly have a discussion with him about his responsibilities. This is a significant thing to do because it may have a very negative effect on the divorce process, as your husband won't be too happy about getting dragged into his CO's office for this chat. He's likely receiving dependent rate housing and subsistence allowances because of you and your child. It is an option, but only go down this road after thinking seriously about the implications.

    Bottom line, get over to the JAG office at Patrick AFB for legal assistance. After getting info on your military benefits, especially for your child, there should be an office at the Clerk of Court's office in Orlando that will assist you with filling out the divorce forms to file.

    Any private attorney that you hire should have military experience to ensure that your child receives all the necessary military benefits in the divorce. As long as your husband is in the military, your child should receive military health insurance.

    Regards,

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