If you and/or your spouse is or was in the armed forces, you should learn more about military divorce; most importantly, you should seek out a divorce lawyer who knows specifically about military divorce.
In many ways, the military divorce process is the same as the divorce process for non-military members, but there are some special factors that will affect the dissolution of marriage. Before you speak to a divorce attorney about your case, it will be helpful for you to have some familiarity with the terms and areas that should be addressed.
Some things you should know about before going to that first meeting with a divorce lawyer include the following:
- Jurisdictional issues are critical; some states are more flexible about residency requirements than others regarding the filing of divorce.
- Federal law, namely the Uniformed Services Former Spouses’ Protection Act (USFSPA), applies to divorces in which at least one of the spouses is or was a military member.
- Retired pay, disability pay, alimony, and child support are all subject to special rules.
- The so-called 20/20/20 rule applies to benefits: 20 years of marriage during which the military member served 20 years with an overlap of 20 years between the two.
- Separation bonuses may apply if the service member leaves before 20 years of active duty; depending on the jurisdiction, these may be considered marital property.
- The Service Members Civil Relief Act may grant court-appointed counsel and allow the delay of divorce proceedings.
- The military couple must consider the consequences of divorce on issues like housing, relocation, child care, education benefits, insurance, and other allowances granted by the armed forces while the couple is married.
- If one spouse is on active duty, the Soldiers’ and Sailors’ Civil Relief Act is implicated and its due process provisions must be followed.
As you can see, going through a military divorce involves many unique legal issues, so be sure you find a divorce attorney who has handled such matters before and knows which laws will affect you.