Our licensed attorneys at Marrison Family Law have provided legal assistance and representation for service members as well as military spouses for their divorce settlement. One must understand that a military divorce varies greatly from a traditional divorce. If you are a military service member or a military spouse, it’s important that you seek legal counsel from a lawyer fully knowledgeable in family laws covering military divorce and adept at handling its proceedings. A regular divorce attorney may not have the knowledge and expertise necessary to ensure that your rights are protected during the entire divorce process, which include meditation, court hearings, and the final settlement of properties and assets.
At Marrison Law, we strive to provide our clients with all the information that they need regarding their specific case, from divorce to custody, spousal support and military divorce. With that said, below are the top 3 things you need to know about military divorce:
1. Military divorce is covered in the Service Members Civil Relief Act. The US federal law states that civil action against a service member may be delayed while they are in active military service, and divorce is one of the civil actions covered. This enables the service member to complete their tour of duty first (and up to one year after active duty) before divorce proceedings can commence. Furthermore, this Act affords service members the opportunity to fully be present and take an active role in how they wish to prosecute their case.
2. 10-year required length of marriage to receive military entitlements. Sometimes, a military spouse goes through divorce proceedings fully expecting to receive the same entitlements from a traditional divorce. But as mentioned above, a military divorce is very different from a traditional divorce. In a military divorce, a spouse may only be entitled to the service member’s retirement package if they have been married at least ten years (of the service member’s military service). In other words, it isn’t enough that you have been married for ten years; you need all of those ten years to be years of active military service.
3. The military service member needs to elect the former spouse as their survivor for military retirement benefits. When a military spouse has been found to be eligible for the service member’s retirement benefits, the service member in question must elect the former spouse as their survivor so they can receive the retirement benefits in the event of the service member’s death. And this needs to be taken care of within one year after finalizing the divorce; failure to do so will mean the former spouse won’t receive anything in case of the service member’s death.
A military divorce attorney can also help you with income calculations to come up with an accurate value, child custody, and other matters related to divorce settlement.
At Marrison Family Law, we make sure to provide the best legal assistance to our clients to help them through the military divorce process. We hope you found this post helpful and informative. For questions or inquiries about our services, please feel free to contact us at your convenience.