miLitarYserviCeasresidenCe
Military & Veterans Affairs Committee
Continuedfrompage54
1973 ), 6 the appellate court reversed the dismissal of the spouse ’ s divorce petition finding that the statute applies to “ any person in the service and the husband or the wife of any such person .”
The courts have also upheld divorce decrees finding that the SMs already had the requisite residency and that the statute would have applied , too , 7 or that the SM in question never had residency under the usual auspices and had also not been assigned to duty in Florida on a permanent or temporary basis .
So , what is a practical impact or benefit of Fla . Stat . § 47.081 to SMs and spouses ? Essentially , if they come to Florida on permanent relocation military orders , they can avail themselves of access to the courts without waiting any other requisite period . An important note : the statute does not afford the Court jurisdiction over the minor children in a family law matter . For a Florida court to exercise jurisdiction over minor children in a family law matter , the requirements of the Uniform Child Custody Jurisdiction and Enforcement Act 8 must be met . n
1
Some services refer to this as a “ permanent change of station ,” or “ PCS ,” move .
2
This may be referred to as a “ temporary duty ” ( TDY ) or “ temporary additional duty ” ( TAD ) assignment , depending on the branch .
3
Originally enacted as Fla . Stat .
§ 46.12 , it was renumbered as Fla . Stat . § 47.081 in 1967 .
4
Mills v . Mills , 153 So . 2d 763 , 764 ( Fla . 1943 ).
5
Feuer v . Feuer , 22 So . 2d 641643 ( Fla . 1945 ).
6
The subsequent writ of certiorari was discharged and the underlying petition dismissed as moot in Bowers v . Bowers 326 So . 2d 172 ( 1976 ).
7
Jeffries v . Jeffries , 133 So . 2d 751 , 752 ( Fla . 3rd DCA 1961 ). 8
Fla . Stat . §§ 61.501-542
Author : David Veenstra , SMSgt , USAF ( Ret ). – Hunter Law , P . A .
Military & Veterans Affairs Committee Hosts Veteran ’ s Day Luncheon
onnovember7 , thehCBamilitary & veteransaffairsCommitteehosteda specialveteran ’ sdayluncheonattheChesterFergusonLawCenter . aspartofthe luncheon , theattendeesheardfromaspecialpaneloflocaljudiciarywithmilitary backgrounds , whodiscussedwhatservicemeanttothem . wethankourpanel members , whotookthetimeoutoftheirbusyscheduletoparticipate : Judgedaryl manning , 13thJudicialCircuit ; JudgeJ . andrewatkinson , 2nddCa ; JudgeJared smith , 6thdCa ; andpanelmoderator : Judgematthewsmith , 13thJudicialCircuit .
J A N - F E B 2 0 2 5 | H C B A L A W Y E R
5 5