Divorce is never easy but military divorce can come with additional complications and implications that civilian divorces do not. Additional considerations must be made for things like spousal benefits, pension, housing allowances, and child care in the case of relocation or deployment.
Every divorce is different. That’s why it is so important to work with an experienced family law attorney you trust to help guide you through the process. There is a lot at stake in a divorce, and you should not go into the fight alone.
How Does a Military Divorce Differ From a Civilian Divorce?
If you have been involved with the military for long, you know that they are very different from traditional employers. The military has a tendency to create their own systems for everything, from housing to grocery shopping, and this extends to marriage and divorce.
How is the divorce process different from a civilian divorce? It is only natural to have questions about the process. At Dennis Stanford Family Law, we are here to help you better understand what will happen during your military divorce.
Do I File For Divorce Differently?
The short answer is no, you do not need to file for divorce differently. But there are a few things to keep in mind.
Military courts are not authorized to grant divorces, which means all divorce hearings will be held in a civilian court setting. To begin divorce proceedings, papers need to be filed with the court and then served to the defendant.
There may be some confusion about where to file for divorce due to your spouse being stationed overseas, or in another state. Typically, this is decided by state residency requirements. Meaning you can file for divorce in the state you currently live in as opposed to the service members home of record.
Serving divorce papers overseas will prolong the divorce process, given that your spouse will need to be served papers written in that country’s language, whether they speak that language or not.
How is Property Determined in a Military Divorce?
It’s important to know what exactly you are entitled to after a military divorce. In most divorces, physical property, such as homes, vehicles, and belongings are divided up. This is where military divorce differs. The servicemember’s pension is now considered property. Not only will physical property be divided up, but the service member’s future benefits will as well.
How are Military Pensions and Other Benefits Divided in a Divorce?
As stated above, military pension is now considered “property” that will be divided up during the divorce. The military will provide pension payments directly to a former spouse if the meet these requirements:
- The marriage lasted 10 years
- The spouse in the military served at least 10 years
- Those two periods overlapped
Alternately, there is the 20/20/20 Rule:
- The marriage lasted 20 years or more
- The service member was active duty for a minimum of 20 years
- Those two periods overlapped
The 20/20/20 Rule also includes Tricare Health Insurance Benefits for the former spouse to use without their sponsor.
Even if you do not meet the criteria above, filing in the civilian courts comes with its own set of rights. Hiring a trained military divorce attorney means you will have someone advocating for child support, as well as alimony or spousal support. Ex-spouses are also entitled to one year of medical insurance upon the filing of the divorce. Just because the military believes in the 10/10/10 and 20/20/20 Rules, does not mean it will hold the same water in the civilian world.
How Does Relocation Affect Child Custody?
Child custody agreements work slightly differently within the military world.
For example, as a military parent, with custody of your children, who receives PCS orders, you will need to fulfill certain requirements before relocating. This process includes sending a certified or registered letter to the non-custodial parent with:
- A statement of intent to relocate
- The location to which you will move
- The reason for the move
- A notification that the move can be contested by filing a petition in Tennessee’s family court within 30 days of receiving the letter
In most cases, the state’s courts allow military parents on PCS orders to move if the other spouse doesn’t object. Service members are also protected from having any permanent changes made to child custody agreements while on a deployment.
The Importance of Proper Legal Representation
When going through any kind of divorce proceedings, it is important that you have the right legal representation by your side. A skilled attorney can make all the difference when dividing assets and determining what custody arrangement is best for your family.
Call Dennis Stanford Law Office Today!
Attorney Stanford is honored to represent current and former U.S. service members and their families. His active duty service as an Army Judge Advocate helped him to understand the issues that affect military divorces and custody matters.
Attorney Dennis Stanford is dedicated to helping United States service members and their families. As a former active duty Army Judge Advocate, Attorney Stanford has a specially honed set of skills that sets him apart from the rest.
Our attorneys truly understand the complexities of the military family. We are here to help you understand your rights and give you the support you deserve. Contact our office to schedule a free, no-obligation consultation.
Divorce is never easy but military divorce can come with additional complications and implications that civilian divorces do not. Additional considerations must be made for things like spousal benefits, pension, housing allowances, and child care in the case of relocation or deployment.
Every divorce is different. That’s why it is so important to work with an experienced family law attorney you trust to help guide you through the process. There is a lot at stake in a divorce, and you should not go into the fight alone.
How Does a Military Divorce Differ From a Civilian Divorce?
If you have been involved with the military for long, you know that they are very different from traditional employers. The military has a tendency to create their own systems for everything, from housing to grocery shopping, and this extends to marriage and divorce.
How is the divorce process different from a civilian divorce? It is only natural to have questions about the process. At Dennis Stanford Family Law, we are here to help you better understand what will happen during your military divorce.
Do I File For Divorce Differently?
The short answer is no, you do not need to file for divorce differently. But there are a few things to keep in mind.
Military courts are not authorized to grant divorces, which means all divorce hearings will be held in a civilian court setting. To begin divorce proceedings, papers need to be filed with the court and then served to the defendant.
There may be some confusion about where to file for divorce due to your spouse being stationed overseas, or in another state. Typically, this is decided by state residency requirements. Meaning you can file for divorce in the state you currently live in as opposed to the service members home of record.
Serving divorce papers overseas will prolong the divorce process, given that your spouse will need to be served papers written in that country’s language, whether they speak that language or not.
How is Property Determined in a Military Divorce?
It’s important to know what exactly you are entitled to after a military divorce. In most divorces, physical property, such as homes, vehicles, and belongings are divided up. This is where military divorce differs. The servicemember’s pension is now considered property. Not only will physical property be divided up, but the service member’s future benefits will as well.
How are Military Pensions and Other Benefits Divided in a Divorce?
As stated above, military pension is now considered “property” that will be divided up during the divorce. The military will provide pension payments directly to a former spouse if the meet these requirements:
- The marriage lasted 10 years
- The spouse in the military served at least 10 years
- Those two periods overlapped
Alternately, there is the 20/20/20 Rule:
- The marriage lasted 20 years or more
- The service member was active duty for a minimum of 20 years
- Those two periods overlapped
The 20/20/20 Rule also includes Tricare Health Insurance Benefits for the former spouse to use without their sponsor.
Even if you do not meet the criteria above, filing in the civilian courts comes with its own set of rights. Hiring a trained military divorce attorney means you will have someone advocating for child support, as well as alimony or spousal support. Ex-spouses are also entitled to one year of medical insurance upon the filing of the divorce. Just because the military believes in the 10/10/10 and 20/20/20 Rules, does not mean it will hold the same water in the civilian world.
How Does Relocation Affect Child Custody?
Child custody agreements work slightly differently within the military world.
For example, as a military parent, with custody of your children, who receives PCS orders, you will need to fulfill certain requirements before relocating. This process includes sending a certified or registered letter to the non-custodial parent with:
- A statement of intent to relocate
- The location to which you will move
- The reason for the move
- A notification that the move can be contested by filing a petition in Tennessee’s family court within 30 days of receiving the letter
In most cases, the state’s courts allow military parents on PCS orders to move if the other spouse doesn’t object. Service members are also protected from having any permanent changes made to child custody agreements while on a deployment.
The Importance of Proper Legal Representation
When going through any kind of divorce proceedings, it is important that you have the right legal representation by your side. A skilled attorney can make all the difference when dividing assets and determining what custody arrangement is best for your family.
Call Dennis Stanford Law Office Today!
Attorney Stanford is honored to represent current and former U.S. service members and their families. His active duty service as an Army Judge Advocate helped him to understand the issues that affect military divorces and custody matters.
Attorney Dennis Stanford is dedicated to helping United States service members and their families. As a former active duty Army Judge Advocate, Attorney Stanford has a specially honed set of skills that sets him apart from the rest.
Our attorneys truly understand the complexities of the military family. We are here to help you understand your rights and give you the support you deserve. Contact our office to schedule a free, no-obligation consultation.
