Although any divorce can be complicated, a military divorce has its own
particular difficulties.
Both federal and state laws apply to the dissolution
of a marriage between members of the military and their spouses. If you are in
this situation, you need specialized help from a family law attorney.
Although
laws vary in different states, generally military divorces can be filed in the state where the military
member has a legal residence, the state where the person filing lives, or the
state where the military member is currently stationed. This rule can simplify
the filing process and also has great bearing on child support and child
custody issues. Before you decide where to file, you should research the
divorce laws of each possible state and choose the one that best benefits you
and your family. For instance, the difference between the laws in Florida and
Georgia may differ substantially.
The SCRA
protects active duty service members in case of divorce. Obviously,
while you are deployed, you may not be able to immediately respond to a divorce
action. The SCRA allows you to delay the divorce while you are actively
serving. A judge can grant a series of stays until you are able to hire counsel
and properly respond. Remember that these stays must be requested in writing.
You can get advice about applying for a stay through military legal services;
however, you will need to hire a family law attorney to attend to the actual
divorce.
The division of a military pension following a divorce can be a complicated issue. Pension division for military members and ex-spouses may differ from state to state. Many
military retirement plans are defined-benefit plans and are considered
community property that can be divided in the divorce.
If the military
spouse is not eligible for retirement at the time of your divorce proceedings,
a decision on division of the plan can still be made. In figuring out how
much an ex-spouse is entitled to from the military spouse’s pension the state
judge will utilize a formula based on the length of the marriage and the amount
of time the service member spent in the service while married. It’s
important to note that if the marriage lasted no less than 10 years and
overlaps with time spent in the service by a military spouse, the non-member
ex-spouse will receive payments directly from DFAS (Defense Finance and
Accounting Services).
If the length of marriage doesn’t meet the requirements, the service
member will be required to pay the non-member spouse their portion
directly. The parties can also agree to divide the retirement in any
fashion that they choose, or the non-service member may choose to waive the
retirement entirely, however, in the absence of an agreement to the contrary,
the court has very little discretion in its division. Overall, many
factors go into calculating the division of military pensions and should be
discussed with an attorney who is well versed in military divorce law.
If you’re involved in a military divorce, the issues you face are
different than what the civilian population faces.
As a result, you need to
understand both state and federal law. You may get initial advice from military
lawyers, but to protect your assets, you need to contact a family law expert
like Attorney Laura Spencer Coleman as soon as possible. She handles family law
cases throughout the Florida Panhandle. To schedule a consultation with
Laura Spencer Coleman, call (850)-626-8520 today.