Military divorces share many similarities with civilian divorces, as they both involve ending and legally dissolving a marriage, dividing assets, and the creation of child custody agreements. However, military divorces come with unique challenges that differ from civilian divorces and can make the process more complex. For instance, the division of military pensions and benefits, adherence to specific federal laws such as the Uniformed Services Former Spouses’ Protection Act (USFSPA), and any issues related to jurisdiction can all complicate the military divorce proceedings. The process is further complicated when a spouse is deployed or living overseas, which makes coordinating legal matters and communications difficult, requiring specialized knowledge and the assistance of a military divorce attorney.
In an effort to make the military divorce process as smooth as possible and to ensure that both parties receive a fair and just outcome that reflects both sides’ needs and wants, we’ve compiled a set of tips for you. These tips have been previously provided by experienced divorce attorneys who specialize in military cases, including divorce lawyers for veterans. These insights are designed to help navigate the unique aspects of military divorces, including helping veterans who receive benefits from serving our country years before. From understanding how to handle the division of military pensions and benefits to addressing the legal complexities that arise when one spouse is deployed or stationed abroad. By following these military divorce tips, both parties can better manage the challenges of a military divorce and work towards a resolution that respects the rights and needs of both spouses.
1. Know What You’re Entitled To
Military members, whether they are current or former, and their spouses going through a divorce should be fully aware of what they are entitled to during the divorce process. This includes understanding the division of:
- Benefits, such as military pensions and healthcare
- Equitable distribution of marital property
- Child custody arrangements, which can be influenced by various things like deployment and relocation
Being informed about what you’re entitled to in a military divorce is essential for ensuring a fair outcome and protecting the interests of both parties as they go through the complexities of a military divorce.
Uniformed Services Former Spouses Protection Act
Military spouses should be aware of what they are entitled to as specified under the Uniformed Services Former Spouses Protection Act (USFSPA). This act was put into place to protect former military spouses in the event of a divorce. However, it is important to understand that the USFSPA does not automatically grant a former military spouse any rights to a retired Service member’s pension. To receive a portion of the military retirement pay, the former spouse must be awarded this share in the divorce proceedings and have it defined as property in the final divorce decree. The USFSPA allows the court to equitably distribute the military retirement pension similarly to a civilian pension plan. The judge presiding over the divorce will ultimately determine the amount the former spouse is entitled to. It’s also important to note that the maximum amount a former spouse can receive in a divorce is 50% of the Service member’s disposable retired pay. Understanding these entitlements ensures that military spouses are informed and prepared to advocate for their rights during the divorce process.
Marital Property & Child Custody
When it comes to marital property in a military divorce, the same rules apply as in civilian divorces. This means that any assets, debts, or property acquired together during the marriage must be equitably distributed between the spouses. This does not mean splitting them 50/50, such as in instances where one spouse retains ownership of the house, and the other retains ownership of the retirement accounts if they are similar in worth. Child custody is another aspect of military divorce that follows similar guidelines as civilian divorce, though it may require adjustments if one parent is stationed overseas or must relocate due to military orders.
2. Know Where To File
When filing for divorce as a military member or the spouse of one, it is important to understand where and how to file for divorce, as jurisdictional issues can be complex. If a military member is the one to initiate the divorce, they consent to the state court’s jurisdiction, therefore if they file in Texas, they are under Texas’ divorce court jurisdiction. However, when a non-military spouse files for divorce, it can be a challenge to establish personal jurisdiction over the military member, particularly if the service member is on active duty.
For a non-military spouse, personal service of divorce papers can also be difficult, especially if the military member is deployed or stationed overseas. When it comes to military regulations, they must be adhered to when serving a member is on a military base or aboard a ship. Furthermore, serving divorce papers to military members in foreign countries must comply with local laws and international treaties like The Hague Convention.
On the other hand, if child support is involved, serving court papers is somewhat facilitated by uniformed military officials who can assist in delivering these papers to the service member. Understanding these procedural nuances is very important for effectively navigating the divorce process.
3. Hire A Military Divorce Lawyer
A military divorce lawyer is instrumental in managing the unique complexities that can be associated with military divorces. These types of lawyers possess specialized knowledge in areas such as the Uniformed Services Former Spouses Protection Act (USFSPA) and the division of military pensions and benefits, as well as how child support and custody agreements can be made, which can differ significantly from civilian divorce cases. They are also well versed in navigating the intricacies of jurisdictional issues, especially when one or both parties are stationed overseas or deployed, making sure that all legal procedures are properly followed. Military divorce lawyers can also provide legal assistance when it comes to addressing matters related to child custody and support, which may involve coordinating with military regulations and international laws, as well as periodically adjusting agreements when a military member must move. Their experience and legal knowledge ensure that their client’s rights are protected and that the process moves as smoothly as possible, providing invaluable legal support during a challenging time.
