Affordable Military Divorce Lawyer

Residency and Filing for Divorce

One of the first complexities in military divorce is determining where to file. Military families often move frequently, making residency requirements more complicated. In a military divorce, the couple may be able to file for divorce in the state where the service member is stationed, where the spouse resides, or where the service member claims legal residency. Each state has its own divorce laws, so it's important to choose the jurisdiction carefully, as it can impact how property is divided and how support is determined.

Division of Military Benefits

The division of military benefits is one of the most critical aspects of military divorce. The Uniformed Services Former Spouses' Protection Act (USFSPA) allows state courts to treat military retirement pay as divisible property in a divorce. However, the division of military pensions is not automatic, and it depends on the length of the marriage and how long the spouse was married during the service member's active duty.

For marriages that lasted at least 10 years during military service, the Defense Finance and Accounting Service (DFAS) may pay the former spouse their share of the retirement pay directly. This is often referred to as the "10/10 rule." If the marriage does not meet this requirement, the former spouse may still be entitled to a share of the pension, but they will need to receive payment directly from the service member rather than DFAS.

Child Custody and Support

Child custody can be particularly challenging in military divorces due to the unique demands of military life, such as deployment or frequent relocations. Courts consider the best interests of the child when determining custody, and service members' military duties may affect custody decisions. In some cases, custody arrangements need to be flexible to account for deployments or temporary relocations, which may result in the need for special provisions regarding visitation or custody exchanges.

Child support is calculated similarly to civilian divorce cases, but military income, including base pay, housing allowances, and special pays, must be factored into the calculation. Courts will ensure that child support is fair and adequate based on the totality of the service member's compensation.

Spousal Support

Spousal support, or alimony, is another key consideration in military divorces. The court will look at factors such as the length of the marriage, the earning capacity of each spouse, and the impact of military service on the spouse's career and financial opportunities. Spouses who sacrificed careers or education to support the service member's military career may receive higher spousal support payments.

Additionally, military regulations, such as the requirement for service members to provide support to their dependents, may also influence the court's spousal support determination.

Start the Process of Understanding Military Divorce Today

Military divorce comes with unique challenges and legal considerations, from navigating military benefits to dealing with the impact of deployments. It is important to understand both state and federal laws that affect military divorce to ensure that your rights are protected throughout the process.

If you are facing a military divorce, consulting with a military divorce lawyer can help you navigate these complexities. They can provide the necessary guidance to ensure a fair and legally sound resolution for you and your family.

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