• Our Clients
• Client Testimonials
• Client Service
• Firm History
• Use of Experts
• Community Involvement
• Scholarships

Military Divorce: Unique Legal Challenges

The demands of military service, such as the stress of deployment, often take their toll on the families involved. Another unique set of challenges may await military couples facing a divorce. They may find themselves grappling with the complexity of legal questions that do not confront their civilian counterparts. Where should I initiate a divorce action when my military spouse is on an active duty assignment in a remote location? Can the divorce proceeding be delayed because I am stationed overseas? As a former military spouse, am I entitled to military retirement pay? Can I permanently lose custody of my child while deployed overseas? Numerous other issues may arise.

Military divorce, though not a legal term, refers to a divorce involving a member of the Armed Forces. Military divorce is governed by both state and federal laws. The intricacies of military divorce laws may be viewed as twofold. On one hand, the laws provide heightened protection, safeguarding military personnel. On the other hand, the interplay of federal and state laws, coupled with standard family law issues, makes it harder for laypersons to grasp their legal rights and options.

Experienced Military Divorce Lawyers

Often calling for a fact-intensive analysis, military divorce law requires dedicated legal representation individually tailored to each unique situation. Experienced in this highly specialized area of law, our military divorce attorneys are firmly equipped with the requisite skills to tackle the family law challenges for military couples.

Filing for Military Divorce

The law affords certain protection to military couples, accommodating their special needs and circumstances. Given the transient nature of military service, for instance, the residency and filing requirements are somewhat relaxed for military couples. Military divorce laws allow them to file for divorce in any of the following three states:

1. the state where the military member is currently stationed;
2. the state where the military member claims legal residency; or
3. the state where the non-military spouse resides.

Delay of Divorce Proceedings

Military divorce laws aim to shield military spouses from being unknowingly thrust into divorce proceedings during their active duty assignment. The laws protect active duty spouses against default judgments even if they fail to respond to a divorce action. Moreover, the proceedings may be delayed during the spouses' active duty.

Division of Military Retirement

The law allows the military retirement pay to be treated as divisible property. Former spouses of military personnel may receive up to fifty percent of retirement pay directly through the federal government. The direct payments, however, are subject to specific guidelines. For instance, there must have been at least ten years of marriage during which the military spouse performed at least ten years of creditable military service (the "10/10 rule").

Military Child Custody: Significant Statutory Change

Often contentious and emotionally daunting, child custody disputes can be even more overwhelming in the context of military divorce. Faced with deployment, military parents may fear that their absence could result in the permanent loss of their custody rights. Indeed, until recently, deployed military personnel's "fail[ure] to exercise residential time for an extended period" could have created an obstacle in child custody determination.

The 2009 passage of the new state law makes it easier for military members to assert and maintain their parental rights. Most notably, the new law allows deployed military personnel to delegate their residential time with their child to a family member of their choice. Moreover, reduced parenting time due to deployment and other military-related absence can no longer be used against military parents in child custody cases. The law further creates a procedure for military parents regaining custody when they return from deployment.

Armed with specialized knowledge and skills, our military divorce attorneys will guide you through this complex area of law. Contact McKinley Irvin to discuss your options for military divorce.