Military Divorce

Military divorces are inherently more complex than civilian divorces due to the unique nature of military relationships and benefits. It is essential to choose an attorney that is well versed in military divorce law. There are special acts, such as the Uniformed Services Former Spouses' Protection Act (USFSPA), that protect military spouses from an unfair divorce settlement. For instance, the USFSPA authorizes courts to award up to 50% of a uniformed service member's retired pay to a former spouse for life. A good lawyer is aware of the special circumstances that military divorce creates for each spouse. Each side in a military divorce should be represented by an attorney that specializes in military divorce law to ensure that the divorce is fair for both parties. A good military divorce attorney should have the right approach and be trusted by his clients.

There are many differences between civilian and military divorces. Military divorces must comply with military rules and regulations. Both federal and state laws govern military divorces. Federal laws dictate military pensions and some urgent child support issues. State laws dictate how the divorce will be handled and all other issues pertaining to the divorce. Active military personnel have some rights that civilians do not. For instance, they may have some legal protection from divorce proceedings while in service. The Servicemember's Civil Relief Act (SCRA) protects military personnel, so that they may devote all of their time and energy into their current assignment.

A state court cannot hear a divorce proceeding until it has jurisdictional rights. If the spouse of a military service member is seeking a divorce, the service member must be served with both a summons and a petition for divorce in order for a state court to gain jurisdiction. If the military spouse is serving overseas, you may request that military personnel serve your spouse. However, your spouse would have to agree to being served. If he does not consent, you may be able to request an officer of the court be appointed to serve the papers. Your spouse must be on land though, not on a ship or at a shore installation.

Your divorce attorney will need specific information regarding your or your spouse's military career. The attorney will want to know about any properties, assets, and incomes. He will also want to know about any debts in either of your names. The divorce attorney will want to know if you have children, and if either of you committed adultery. The divorce attorney will look closely at any military benefits that are currently collected or will be collected in the future. Some common military benefits include the following:

As you can see, there are a lot of benefits that you may both receive today, but these benefits can easily be gone tomorrow. Divorce affects the whole family; not only your life, but your spouse's and children's lives as well. Divorce can create financial hardships for either spouse, especially if their divorce attorney does not fully understand divorce law. Some financial concerns that must be addressed during a divorce include the following:

There are many common controversies surrounding military divorces. Your divorce attorney must be able to use the right approach to receive a fair outcome. For example, the definition of retired pay can be treated differently by various courts. Other common controversies include: retroactivity, awarding retired pay based on rank at time of retirement rather than divorce, and treating the spouse as an innocent party regardless of the situation. All controversies must be dealt with appropriately.

Most Common Mistakes
Divorce attorneys that are not used to working on military divorces often make several mistakes, because they do not have the specialized knowledge needed to handle a military divorce. Some of the most common mistakes attorneys make are: not understanding jurisdictional requirements, grounds for reopening a divorce, the 10-year rule, or special protections provided by the Soldier's and Sailors' Relief Act. A divorce attorney makes mistakes when he does not fully understand the Uniformed Services Former Spouses' Protection Act, or how to prepare a Qualified Domestic Relations Order to properly divide military pay. A good divorce attorney will understand the complex details associated with military divorces.

If you or your spouse is in the military and considering a divorce, there are a few things you can do to prepare for the divorce. The first thing to do is look up details that are specific to military divorces in your state, or the state where the divorce would take place. Every state handles military divorces differently; the amount you can be rewarded, or have to pay, varies significantly between states. Look up divorce lawyers in your state to find one who has experience and expertise in military divorce law. Experience with military divorce is essential. Question a few divorce attorneys before selecting one. Study frequently asked questions about military divorce to arm yourself with knowledge about the process and your rights.

Here are additional resources you might be interested in:

What are the Benefits of a Military Divorce?

Factors Contributing to Increased Military Divorce Rates

Before you get a divorce attorney, there's an excellent ebook about deciding whether to Get a Divorce or Stay In the Relationship. Every couple should read this before making the decision.