Military divorces bring unique challenges, unlike civilian divorces, due to the complexities of military life. If you or your spouse serve in the military, you face specific hurdles that require careful consideration. Randall J. Borden can ensure that your rights and needs are fully addressed, giving you peace of mind and clarity during this difficult time. We can support you and your family through every step of your divorce.
Understanding Military Divorce
Military divorces differ significantly from civilian divorces due to the unique demands of military life. Frequent relocations, deployments, and the complexities of military benefits add complexity to the process. Issues like jurisdiction, division of military pensions, and child custody require careful handling. Understanding these differences is important for ensuring fair treatment and protecting your rights during the divorce process.
Jurisdiction and Filing
Jurisdiction in military divorces can be complex due to the mobility of service members. You have the option to file in the state of your legal residence, the state where you’re currently stationed, or the state where your spouse resides. Each state has different laws affecting property division, child custody, and spousal support. Choosing the right jurisdiction is important, as it can significantly impact the outcome of your divorce. Understanding these options helps you make informed decisions to ensure a fair and favorable process for your family.
Division of Military Pensions and Benefits
The division of military pensions and benefits is a critical aspect of military divorce that requires careful consideration. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), states can treat military retirement pay as marital property, subject to division. This means your spouse may be entitled to a portion of your pension. Additionally, military benefits like health care, commissary privileges, and survivor benefits may be impacted. The 10/10 rule requires at least ten years of marriage overlapping with ten years of military service for direct payment from the Defense Finance and Accounting Service (DFAS). Randall J. Borden is committed to helping you understand and protect your entitlements during the division process, ensuring that both parties reach a fair settlement.
Child Custody and Support
Child custody in military divorces involves unique challenges due to the nature of military service, such as deployments and frequent relocations. These factors can complicate custody arrangements and visitation schedules, making developing a flexible yet stable plan essential. The courts consider the best interests of the child, factoring in the service member’s schedule and mobility. Child support is calculated based on both parents’ incomes, ensuring fair support for the child. We work with you to create a custody plan that accommodates military life while prioritizing your child’s well-being.
Spousal Support
Spousal support in military divorces considers the unique circumstances of military life, such as frequent relocations and varying income due to deployments. The court considers factors like the length of the marriage and the financial needs of the non-military spouse. We aim to ensure fair and reasonable support arrangements that reflect both parties’ contributions and needs during the marriage.
Impact of Deployment and Relocation
Deployments and frequent relocations add significant complexity to military divorces, affecting everything from legal proceedings to custody arrangements. The Servicemembers Civil Relief Act (SCRA) protects service members, ensuring that their military obligations do not unfairly disadvantage them in legal matters. The SCRA allows for the postponement of court hearings, reduction of interest rates on outstanding debts, and protection from default judgments, ensuring that service members are not penalized for their service commitments. These protections help maintain fairness, recognizing the unique challenges faced by military families.
Contact an Experienced Fairfax Military Divorce Attorney
Randall J. Borden understands the complexities of military divorce and is dedicated to guiding you through each step with personalized attention. Our commitment is to secure fair outcomes for you and your family. Contact us today for a consultation, and let us help you navigate your military divorce with confidence.