Divorce Representation That Understands Your Situation
Every divorce poses a unique set of challenges for the separating parties. Military divorces pose an entirely different set of challenges for which other divorce lawyers may not be prepared.
As a board-certified attorney in marital and family law and a retired captain in the Judge Advocate General Corps of the Naval Reserve, I understand these challenges, and I am especially qualified to help your family navigate the complexities of military divorce.
Understanding The Intricacy Of Military Divorce
Myriad factors can make a military divorce more difficult or more confusing than a civilian divorce.
Dividing Property
Military pensions must be considered during the asset division portion of divorce proceedings. Pension distribution after separation is governed by the Uniformed Services Former Spouses’ Protection Act, but the law does not set forth specific rules for how the assets should be divided.
If a couple has been married for at least 10 years and one of the spouses served for 10 years during that time, the divorced spouse of the service member may be entitled to compensation from the Defense Finance and Accounting Service. For couples that do not meet these terms of eligibility, the service member would be responsible for paying out benefits.
As an experienced military divorce attorney, I can advocate for you during the division process to find a favorable distribution plan.
Jurisdiction And Residency
The frequency with which military families move can complicate residency requirements for divorce. Thanks to special state dispensations regarding residency requirements, military couples may be able to file for divorce in states where they are not legal residents as long as the service member is stationed there. However, a court’s jurisdiction to hear the divorce case may be dependent on the filing spouse’s legal residency. I can help you determine the proper channels for filing your divorce and clarify the blurred intersection of jurisdiction and residency.
Alimony And Child Support
As with residency and property division, the U.S. military treats alimony and child support payments differently. The military wants to ensure that a service member’s family is cared for, even after legal separation. Payments can be court-ordered, just as they are in civilian divorce, to be made out of pocket. The court can also order that a service member’s wages be garnished through involuntary allotment to provide for their dependents or ex-spouse. A divorcing service member can also voluntarily allocate a portion of their paycheck to alimony or child support payments.
Have Questions? Call The Law Office Of Peter C. Cushing Attorney At Law
If you are facing military divorce, do not face it without the help of an experienced attorney. Call me at 407-960-7930 or email me to schedule a free military divorce consultation.