Military Divorce Attorney in St. Petersburg, Florida
Military divorces involve a complex mix of state and federal laws, deployment schedules, and long-term benefit concerns. If you’re searching for a military divorce attorney in St. Petersburg, it’s important to work with a lawyer who understands the specific challenges service members and military spouses face.
Whether you’re stationed at MacDill Air Force Base, living in St. Petersburg, or part of the broader Tampa Bay military community, Bernstein Law is here to guide you through the process. We understand how military careers impact everything from custody schedules to pension rights—and we fight to protect what matters most to you.
Call Bernstein Law at 727-209-7957 to schedule your free consultation with a military divorce lawyer who knows how to navigate both Florida courts and the realities of military life.
Meet Derek Bernstein:
Family Law Attorney Experienced in Military Divorces
Meet Derek Bernstein, a distinguished divorce lawyer based in St. Petersburg. With years of experience in high-stakes negotiations and a deep understanding of the elements specific to military divorces, Derek offers not just legal representation but a feeling of confidence and stability.
If you’re facing the complexities of a military divorce, contact Bernstein Law today at 727-209-7957 or book your free consultation online. Let us help you secure your financial future while managing the emotional challenges of this pivotal life event.
How Military Service Impacts Divorce Timelines and Jurisdiction in Florida
Understanding SCRA and Divorce Timelines
The Servicemembers Civil Relief Act (SCRA) allows active-duty service members to request a delay in civil court proceedings, including divorce. This protects deployed or mobilized service members from being disadvantaged simply because they cannot appear in court. However, SCRA protections must be handled carefully—delays aren’t automatic, and Florida judges balance the right to protection with the need to move cases forward.
Bernstein Law helps military clients use the SCRA properly without letting divorce proceedings drag on indefinitely. We understand how to advocate for your rights while keeping your case on track.
Establishing Jurisdiction for Military Divorce Cases
Jurisdiction can be complicated when one or both spouses are stationed outside Florida or move frequently due to military orders. Florida allows service members and their spouses to file for divorce here under certain conditions, even if they maintain residency elsewhere. Establishing jurisdiction correctly is critical—filing in the wrong state could delay your case or put your rights at risk.
Bernstein Law ensures that your case is filed in the proper Florida court system from the start, avoiding costly mistakes and protecting your legal standing.
Dividing Military Pensions and Survivor Benefits During Divorce
Dividing assets during a divorce is already complicated—but when military pensions and survivor benefits are involved, the stakes are even higher. Service members and spouses need to understand how Florida law and federal rules intersect to protect their long-term financial security. Bernstein Law helps military families navigate these critical issues with experience and precision.
The 10/10 Rule: Key to Pension Division
Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), former spouses can receive direct pension payments from the Defense Finance and Accounting Service (DFAS) if the marriage lasted at least 10 years overlapping with 10 years of military service. This is known as the 10/10 Rule.
However, even if the 10/10 rule isn’t met, a spouse may still be entitled to a portion of the military retirement through court-ordered division—it just won’t be paid directly by DFAS. Bernstein Law ensures that retirement division is handled correctly, protecting the financial future of our clients without unnecessary delay or confusion.
Protecting Survivor Benefits in Divorce Settlements
The Survivor Benefit Plan (SBP) is essential to protecting the former spouse’s access to benefits if the service member passes away. Without proper provisions in the divorce settlement, a former spouse may lose the right to this coverage forever.
Bernstein Law helps clients negotiate and secure SBP coverage during divorce proceedings—before it’s too late. Survivor benefits are not automatic, and mistakes in this area can have devastating financial consequences.
Parenting Plans and Relocation for Military Families
Building Parenting Plans for Deployments
A strong parenting plan for a military family must account for potential deployments, temporary duty assignments, and sudden relocations. This means building contingency plans into the agreement—such as who will care for the child if one parent is deployed, how communication will be maintained during absences, and how visitation will be adjusted after long separations.
Bernstein Law crafts parenting plans that are resilient and enforceable, ensuring that both parents—and most importantly, the children—have clear expectations.
Handling Relocation Requests Under Florida Law
Florida law requires any parent wishing to relocate more than 50 miles away to obtain court approval or the other parent’s consent. For military families, this can be a recurring issue due to Permanent Change of Station (PCS) orders.
We help clients navigate relocation petitions and defend against unfair relocation requests when necessary, always focusing on the best interests of the child while respecting the realities of military service.
How the Servicemembers Civil Relief Act (SCRA) Protects Your Divorce Rights
Military service members have important legal protections under the Servicemembers Civil Relief Act (SCRA), but it’s critical to understand how those protections interact with divorce proceedings in Florida. Having a knowledgeable Florida military divorce lawyer on your side ensures your rights are respected without causing unnecessary delays or putting your case at risk.
Using SCRA to Protect Your Rights Without Stalling Progress
The SCRA allows active-duty service members to request a stay—or temporary delay—of civil proceedings, including divorce. This ensures that military obligations like deployment or active mobilization don’t prevent a service member from participating fairly in their legal case.
However, these protections must be invoked properly, and courts expect timely communication. Bernstein Law helps military clients request and manage SCRA stays correctly, protecting their legal interests without letting cases linger indefinitely.
Balancing Deployment Protections with Divorce Proceedings
While the SCRA provides important safeguards, it does not give service members unlimited ability to halt divorce cases. Florida courts balance the service member’s rights with the need to move family law matters forward, especially when children or urgent property issues are involved.
Bernstein Law understands how to navigate these challenges—respecting both your service commitments and your need for a stable, enforceable divorce resolution.
How VA Disability Benefits Impact Alimony and Child Support
Why VA Disability Pay Is Protected
Under federal law, VA disability compensation is not considered divisible marital property during a divorce. That means it cannot be split between spouses as part of an asset division agreement, even if the benefits were received during the marriage.
Bernstein Law ensures clients understand these protections so that settlement agreements reflect the correct legal treatment of VA benefits—avoiding invalid or unenforceable provisions.
How Disability Income Affects Support Calculations
While VA disability payments aren’t split like other assets, they can still be considered as part of a spouse’s income when determining alimony or child support. Florida courts may include disability income when calculating how much support one spouse owes to the other, or to meet the financial needs of children.
If you’re negotiating support during a military divorce, Bernstein Law helps you protect your rights while providing a full, legally accurate picture of all relevant income sources.
Take The Next Step
Are you ready to protect your assets and secure your financial future during this challenging time? Don’t face it alone. Reach out to Bernstein Law for a partner who can guide you with expertise and empathy.
Ready to Hire the Law Bear?
- Phone: 727-209-7957
- Book a Free Consultation
Take the first step towards a secure future. Contact Bernstein Law today.
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Recent Testimonials
Knowledgeable, Passionate, & Informative
Derek is very knowledgeable and passionate with his work. He is very good at communicating with his clients and keeping everyone informed. If you want someone in your corner he is your man, he will be there every step of the way.
Awesome Advice!
Mr. Bernstein quickly answered questions even when not retained or could be retained in my specific area. It’s a comfort knowing there are good individuals out there that actually care about families and most of all children’s well being, all through sharing the knowledge gained through many extensive years of education, practice and on hand experience.
Amazing Lawyer
I have consulted Derek multiple times regarding legal advice and he is always on point regarding personal injury cases. Also, an honest individual looking our for his clients best interest
One of the Good Guys
Mr. Bernstein has advised me on the number of business matters, and has proven to be knowledgeable, professional and thorough.
Professional, Courteous & a Winner
Mr. Bernstein has been do PIP Suits for my office over the past few years. He is one of the best I’ve seen at getting these settled quickly. Thanks for your hard work.
ALWAYS the Best!
We utilize Mr. Bernstein for our PIP suit work against insurance companies and we are always treated professionally and their firm always finds us lost money.
Great Lawyer
Provided me with the information I needed and kept answering my questions, even though I thought I was becoming annoying.
Excellent Attorney!
Derek is a very dedicated and hardworking Attorney. Easy to get in touch with as he is technologically very savvy and makes himself available through many different avenues. It helps tremendously that he is also very understanding of clients needs. All around a great guy and a great Attorney.
Thank You
In the short time Mr. Bernstein has been representing my clinic, he has shown himself to be a proven winner. He is professional and courteous in all interactions with my staff and others. His knowledge and acumen has made our business relationship a successful one.
How VA Disability Benefits Impact Alimony and Child Support
Why VA Disability Pay Is Protected
Under federal law, VA disability compensation is not considered divisible marital property during a divorce. That means it cannot be split between spouses as part of an asset division agreement, even if the benefits were received during the marriage.
Bernstein Law ensures clients understand these protections so that settlement agreements reflect the correct legal treatment of VA benefits—avoiding invalid or unenforceable provisions.
How Disability Income Affects Support Calculations
While VA disability payments aren’t split like other assets, they can still be considered as part of a spouse’s income when determining alimony or child support. Florida courts may include disability income when calculating how much support one spouse owes to the other, or to meet the financial needs of children.
If you’re negotiating support during a military divorce, Bernstein Law helps you protect your rights while providing a full, legally accurate picture of all relevant income sources.
Why Military Families in St. Petersburg Trust Bernstein Law
Direct Access to a Florida Military Divorce Lawyer
When you hire Bernstein Law, you work directly with Derek Bernstein. You won’t be passed off to a case manager, a junior associate, or a rotating call center. Derek handles your case personally, providing straight answers, responsive communication, and a clear strategy every step of the way.
Military divorces require attention to detail, strategic planning, and quick action—qualities that only come when your attorney is hands-on and fully invested in your case.
Focused Strategy for Protecting Service Members and Spouses
Bernstein Law understands the unique pressures military families face, whether it’s a looming PCS move, a pending deployment, or complicated benefit divisions. We are deeply familiar with the needs of MacDill Air Force Base service members and military families throughout Tampa Bay.
Our mission is simple: protect what matters most. That means safeguarding your parental rights, preserving your financial future, and securing the cleanest, strongest legal outcomes possible.
Take the Next Step: Schedule Your Free Consultation
Military life brings enough sacrifices—you shouldn’t have to sacrifice your future during a divorce too. When your financial security, custody rights, and military benefits are on the line, you need an attorney who knows how Florida courts and federal protections work together.
Bernstein Law understands what’s at stake for military families. We don’t take shortcuts, and we don’t treat your case like a number.
Call Bernstein Law at 727-209-7957 today to schedule your free, confidential consultation with a St. Petersburg military divorce attorney who’s ready to fight for your future.
