The men and women who serve our country in the Armed Forces do so at great personal risk and cost. Unfortunately, one of those costs is that sometimes marriages do not survive the burdens that come with military life. While the issues that have to be settled in a divorce—property division, child custody and support, and spousal support—are common to all couples, there are a lot of factors unique to military divorce that your lawyer needs to be aware of. The team in the Manhattan office of Addair Law has the necessary knowledge and experience.
We’ve helped military families since our founding in 2005, including the many wonderful people who serve at Fort Riley. Wherever you are located across Riley, Clay, Saline, Shawnee, and Wabaunsee counties, you can count on us for good legal guidance.
Call (785) 645-2732 or contact us online today to schedule an appointment and get a consultation. We serve both English and Spanish-speaking clients.
Unique Issues in a Military Divorce
A lawyer representing a spouse in a military divorce needs to be familiar with issues like these:
Jurisdiction: Military divorces often involve unique jurisdictional rules. A service member or their spouse can typically file for divorce in the state where the service member is currently stationed, their legal residence, or the spouse’s residence.
Child and spousal support calculations: Military divorces consider base pay, Basic Allowance for Housing (BAH), Basic Allowance for Subsistence (BAS), and other benefits when calculating child or spousal support.
Parenting and custody challenges: Courts focus on the child’s best interests but may consider the service member's military obligations when creating custody and visitation agreements.
Health benefits for spouses: Former military spouses may retain access to TRICARE if the 20/20/20 rule applies—20 years of marriage, 20 years of military service, and an overlap of at least 20 years between those two.
There have been several pieces of legislation enacted that recognize the unique factors military spouses face. The most prominent are these:
Uniformed Services Former Spouses' Protection Act (USFSPA)
The USFSPA is a federal law enacted in 1982 that governs the division of military pensions in divorce cases. It allows state courts to treat a service member's retirement pay as marital property, making it subject to division during divorce proceedings. This act can significantly impact the financial benefits the spouse of a military member can receive in the final settlement.
Federal Service Members Civil Relief Act of 2003 (SCRA)
The SCRA provides critical legal protections for active-duty military members, protecting their ability to serve without the undue stress of certain legal and financial obligations. While the law’s scope is broader than divorce per se, its provisions do invariably impact the issues that arise in divorce proceedings.
A significant example is the protection against default judgments in divorce proceedings. This means if a service member cannot attend a hearing, their case cannot be decided without proper representation or prior approval.
Another example is the ability to delay civil court proceedings, including divorce cases, when military service prevents someone from fully participating. This is especially beneficial for those stationed abroad or in combat zones. It is done to prevent unfair settlements or custody decisions made without a spouse’s input.
Another crucial protection concerns the division of property. State courts must consider the impact of military life, such as frequent relocations or deployments, when determining asset distribution in a military divorce. Additionally, custody arrangements under the SCRA often account for deployment schedules, protecting service members from being penalized for their military obligations.
Uniform Deployed Custody and Visitation Act
The Uniform Deployed Parents Custody and Visitation Act (UDPCVA) addresses the complex custody issues that can arise when a service member is deployed. This law says that deployment alone cannot be used as grounds for altering custody arrangements. It provides a balanced approach to protecting the relationship between parents and their children during and after deployment.
Key provisions of the UDPCVA include the establishment of temporary custody orders that expire shortly after the deployed parent's return. This prevents permanent changes to custody based solely on military service. The act also allows deploying parents to assign caretaking authority to another family member or individual during their absence, allowing the child to maintain familiar connections.
The UDPCVA requires deploying parents to notify the other parent of their deployment and propose a temporary custody plan. If agreement is not reached, courts are empowered to hold expedited hearings to settle custody issues before deployment.
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We Know the Military Divorce Process
The attorneys in our Manhattan office are dedicated to delivering unparalleled expertise by concentrating exclusively on a specific area of law. When it comes to military divorce cases, the attorney assigned to your case is a family law specialist with a deep understanding of the unique challenges and nuances involved. This focus ensures that you receive the highest level of guidance and representation tailored to your specific circumstances.
With a laser-sharp focus on family law, our attorneys are well-versed in the legal and procedural intricacies that can significantly impact the outcome of your case. From navigating the division of military benefits to addressing jurisdictional complexities, our team brings exceptional skill and attention to detail. You can trust that your legal counsel is not only deeply knowledgeable but also committed to protecting your rights and achieving the best possible resolution for you and your family.
