Military Divorce in St. Augustine: Frequently Asked Questions 

Originally published: October 2025 | Reviewed by Joni Mathis

Do I qualify to file for a military divorce in St. Augustine?

Yes. If either spouse has lived in Florida for at least six months or if the service member is stationed here, you can file in St. Johns County. Local filings go through the St. Johns County Clerk of Court.

Can I start a divorce if my spouse is deployed overseas?

Yes. Florida maintains jurisdiction if residency or stationing applies. The Servicemembers Civil Relief Act (SCRA) may pause or delay proceedings while your spouse is deployed, ensuring fair participation.

What is the 10/10 rule in military divorce?

The 10/10 rule allows DFAS to pay a former spouse directly if the marriage lasted 10 years or more during 10 years of service. Without it, pensions may still be divided, but payments come from the service member.

What is the 20/20/20 rule for former spouses?

If the marriage lasted 20 years, the service member served 20 years, and those periods overlapped for 20 years, the former spouse retains TRICARE, base access, and military ID benefits permanently.

Do I lose TRICARE after a divorce in Florida?

Usually, yes, unless you qualify under 20/20/20 or 20/20/15 rules. Otherwise, transitional TRICARE may last up to one year. Benefits end once you remarry.

How does military divorce affect child custody in Florida?

Parenting plans can include deployment clauses, virtual visitation, and make-up time. Florida courts prioritize the child’s best interests while acknowledging the demands of military life.

Can I serve divorce papers on a spouse in the military?

Yes. The active-duty spouse must be personally served or can sign a waiver. If serving overseas, service follows military and international procedures.

What is the Affidavit of Military Service (Form 12.912)?

This Florida form confirms a spouse’s military status. It protects service members from default judgments and ensures compliance with SCRA before proceeding in court.

How are BAH and other allowances handled in divorce?

Basic Allowance for Housing (BAH) and similar allowances are counted as income for child support and alimony calculations in Florida. They may change once marital status changes.

Can alimony be awarded in a military divorce?
Yes. Courts apply Florida’s alimony factors, considering the length of service, deployments, and sacrifices made by the non-military spouse during the marriage.

How are military pensions divided in Florida divorces?

Military retirement is marital property. Florida uses the coverture fraction to divide the portion of the earnings earned during the marriage. DFAS rules govern direct payments.

What does the Servicemembers Civil Relief Act protect in divorce?

SCRA shields active-duty members from default judgments, allows requests for delays, and adjusts deadlines so service members aren’t unfairly penalized in civil cases.

How much does it cost to file for divorce in St. Johns County?

The Florida filing fee is approximately $413, plus additional costs for paperwork and services. Mediation can reduce overall expenses compared to full litigation.

How long does a military divorce take in St. Augustine?

Mediation can resolve most cases in weeks, while contested litigation may take months. Deployment, service requirements, and court scheduling can extend timelines.

Can custody or support orders be modified if PCS orders are received?

Yes. Florida law allows modification of custody or support if there’s a substantial change, such as new PCS orders or long-term deployment.