Military Divorce Lawyers Free Consultation – When one or both spouses are in the military and one or both are considering divorce, being in the military just adds another layer of consideration. There are unique problems to solve. How you resolve these issues and under what jurisdiction will greatly affect the outcome of your divorce.
At Heritage Law Office, our Minnesota family law attorneys understand the unique issues surrounding military divorces, and in representing you, we will plan for every eventuality that may arise. Whether or not you are a military spouse and whether you are the one filing for divorce, contact our office today through our online form or at 414-253-8500 to learn about military divorces and get a good idea of how help us
Military Divorce Lawyers Free Consultation
A military divorce is a divorce where at least one spouse is serving or has served in the military. These divorces present unique issues not found in civil divorces, including jurisdictional determinations and division of military pensions.
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For civil divorcees, determining the correct jurisdiction to file for divorce is fairly easy, as the petition is simply filed in the county of the state in which they live, as long as they meet other state or local residency requirements. However, members of the military may stay in one place temporarily but have another place as their official residence. This reality complicates matters by making it difficult to determine jurisdiction. In most military divorces, there are three options for filing a divorce case.
For example, if a military spouse is stationed in California but claims to live in Virginia, but the non-military spouse has moved and now lives in Maryland, one of these three states may be an appropriate place to dissolve their marriage.
Determining the appropriate state in which to file for divorce is a matter that can be handled by a family law attorney experienced in military divorces. It’s important to consult with a divorce attorney because the way property is divided and how things like parenting time and spousal support are determined will vary in each of these three states and may work in your favor.
Dividing assets in a military divorce can be a complicated matter. Military retirement pay is highly controversial because a potential spouse usually requires at least a portion of the serviceman’s retirement pay. Many ex-military spouses want to continue receiving benefits after a divorce, especially because the benefits through the military are particularly good. There are some specific things to keep in mind specifically regarding back wages and benefits in general.
Military Divorce Process: Your Step By Step Guide
Under the Uniformed Services Former Spouses Protection Act (USFSPA), codified at 10 U.S.C. § 1408 has what is known as the 10/10 rule. This rule applies when spouses have been married for 10 of the years one spouse served in the armed forces (10 years of marriage/10 years of service). If this 10-year requirement is met, the Defense Financial Accounting Service (DFAS) sends a portion of the retired member’s pension to his ex-spouse. If the 10-year rule is not met, DFAS does not intervene and sends the full amount of the soldier’s pension.
Many former military spouses want benefits, such as Tricare insurance, to continue after the divorce. For this to happen, spouses must have at least 20 years of military service. This is commonly referred to as the 20/20/20 rule: 20 years of marriage/20 years of military service/20 years of overlapping marriage and service.
Often, the division of other types of property is determined by the law of the state where the divorce is filed. This includes residential properties, stocks and vehicles. For this reason, it is very important to consider the pros and cons of filing for divorce in any potential state.
If you have children, a military divorce can be much more difficult. The issue of custody, also called parenting time or child distribution, depends on what is in the best interest of the child. But there is the added potential that one parent – the active parent – may need to move from time to time. The move can be to another place in the state, to another state, or even to another country. Often, the custody order reflects the laws of the state where the divorce is filed. When the military parent moves, the court will usually update the custody order to reflect the same.
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Parents can proactively, when creating a parenting plan, include various options that may arise specific to the service member and deployment. They can also create an alternative parenting plan that addresses the same issues.
Active duty members have 60 days to provide their commanding officer with a formal family care plan. Reserve members have 90 days to do the same.
Determining property division, alimony, custody and other issues in a military divorce requires the knowledge and experience of an experienced military family law attorney. At Heritage Law Office, our Minnesota divorce attorney will guide you through the process. Contact us at 414-253-8500 or fill out our online form to schedule a free, confidential consultation today.
Military divorces have unique aspects that are not present in civilian divorces. For example, jurisdictional issues can be complicated by the nature of military tasks. In addition, the separation of military benefits and pensions requires special considerations. Laws like the Uniformed Services Former Spouses Protection Act (USFSPA) further complicate matters.
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The Uniformed Services Former Spouses Protection Act (USFSPA) is a federal law that provides guidelines for the distribution of military pay during a divorce. The law also outlines rules such as the 10/10 and 20/20/20 principles that govern how and when a spouse is entitled to a portion of a military member’s salary and retirement benefits.
Determining jurisdiction in a military divorce can be complicated. There are usually three options: the state in which the spouse seeking the divorce lives, the state in which the service member is stationed, or the state in which the service member claims legal residency. Your choice of jurisdiction can significantly affect property division, custody arrangements, and other important aspects of your divorce.
In a military divorce involving children, custody becomes an especially complicated issue. A military parent may have to move frequently, which affects the stability of the child’s living situation. The Army requires that a family care plan be established to manage child care during periods of deployment or other assignments requiring the military parent’s absence.
Financial considerations in a military divorce can be complex. While dividing assets such as residential property follows state law, military-specific assets such as pensions require a nuanced understanding of both state and federal laws. Other benefits also come into play, such as health and housing.
Huntsville Military Divorce Lawyer
For personalized guidance tailored to your situation, contact a family law attorney experienced in military divorces. The probate law firm located in Minnesota is well equipped to handle the complexities that arise in military divorce cases. Contact us at 414-253-8500 or fill out our online form to schedule a free, confidential consultation today.
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Divorce is never pleasant, but it is especially unpleasant for military personnel. While the divorce process itself is the same, there may be some additional factors that could affect you whether you are in the military or your spouse is in the military. To make sure you get the perfect result, it’s important to find someone to help you solve these complex problems.
As Elizabethtown’s leading military divorce attorneys, the attorneys at Clagett Law can help you navigate the ins and outs of a military divorce. Whether you are a military member or a military spouse, we will provide realistic expectations along the way and help you achieve the best results possible.
Virginia Military Divorce Attorneys
As mentioned above, military divorces in Elizabethtown involve the same process as a regular divorce. However, military service can involve some additional factors that change the timeline of the trial and affect the outcome of your case.
In ordinary divorces, one spouse will serve the other with divorce papers. The notified spouse then has a set amount of time to respond to these documents. This keeps the case moving forward and ensures that the divorce does not drag on for years. After the documents are filed, the court may schedule mediation or hearings.
However, if your active duty spouse is in the military and on active duty, the time frame may be extended. This new law was enacted from the Military Civilian Assistance Act and was intended to provide for military spouses
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