Fort Knox Military Divorce Lawyer

Fort Knox Military Divorce Attorney

Military divorce brings with it a whole new set of complexities that are inapplicable to civilian divorce. Deployment, relocation, military pensions, and federal protections all come into play when either or both spouses are in active service. Sound legal counsel requires an informed, experienced approach from a Fort Knox military divorce lawyer.

Understanding the Uniqueness of a Military Divorce

All divorces have a set of issues that need to be addressed, including division of marital property, custody, visitation, and support. However, military divorces have some additional legal complexities and procedures involved. For example, residency laws can complicate the legal process.

This is because transfers and out-of-state assignments are common, so many military personnel may reside in a state that is not their primary residence, which can complicate the filing process.

However, federal law allows a military divorce to be filed in a state where the service member or spouse resides, where the service member has legal domicile, or where the service member is stationed.

Fort Knox Military Divorce Laws

Another important difference is in the division of military pensions. The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows, but does not require, state courts to divide military retired pay as part of the marital estate.

Direct payment to a spouse of the military member is only allowed if that spouse meets the 10/10 rule, meaning 10 years of marriage overlapping with 10 years of military service. Courts may still award a share of retirement benefits, even when the 10/10 threshold is not met, but enforcement is not as simple.

Military service can also affect spousal support and child custody. Court orders regarding parenting plans may need to be modified due to deployments, temporary duty assignments, or changes of station. Kentucky law allows temporary changes to custody arrangements when a parent is deployed, and the Servicemembers Civil Relief Act (SCRA) provides for a stay of court proceedings under some circumstances.

Military Divorce Statistics

Military divorce is defined by a range of unique circumstances. The separation of service members and their families can occur for a number of reasons. Common grounds and legal procedure are based on military service, but require strategic handling, much like civilian divorces. The life circumstances involved in military service and benefit entitlement often set military families apart from civilian populations. Consider the following statistics:

• There are over 19,000 active duty service members.
• Nearly 8,000 Reservists filed for divorce in 2022.
• This accounted for about 3% of active duty members.

While these numbers may not seem high, they are a bit higher than civilian divorce rates, making it necessary to understand the nuances of military divorce.

Child Custody and Deployment

Kentucky courts consider the best interests of the child as well as the unique circumstances of military service. For this reason, the court may temporarily change custody during temporary deployment and may revert to the original agreement once deployment is over.

In certain circumstances, a court may even allow virtual visitation to enable a parent who is deployed to have regular communication with a child.

Furthermore, if a parent’s relocation or change in duty station impacts an existing custody agreement, it may be possible to petition the court for a modification. Changes like these are complex and take careful planning and strategic advocacy to achieve.

About Michael J. Thompson, Attorney at Law

When you work with military divorce attorney Michael J. Thompson, you gain more than a skilled lawyer. You gain a lifelong resident and U.S. Marine infantryman who understands the sacrifice and stress that our military service members and their families face every day.

Thompson’s upbringing on a local farm and military service in a combat zone have made him determined to give back to the community where he was raised through honest, hard-working, and compassionate legal service.

Mr. Thompson is committed to being your voice. He’ll listen to you and protect your rights, whether you’re stationed at Fort Knox, Fort Campbell, or live locally. We understand military divorce cases and have experience in the Christian County Circuit Court. When you work with Thompson, you can expect straightforward and ethical legal advice, attention to every detail, and personalized service with a touch of Southern hospitality.

FAQs About Fort Knox, KY Military Divorce Laws

Q: What Is a Military Wife Entitled to in a Divorce?

A: A military wife may be eligible to receive a portion of the service member’s retirement pay, spousal support, child support, health care, and, in some cases, base privileges, depending on the length of the marriage and the overlap of the marriage with the period of military service. State laws govern the division of assets, although federal laws such as the USFSPA can affect what a military spouse is entitled to receive.

Q: Does the Military Provide Divorce Lawyers in Fort Knox?

A: Legal assistance is available through the military’s base legal offices. These lawyers, however, will not represent either party in court. They can assist in filling out basic forms, explaining legal rights and terms, and reviewing paperwork, but they will not represent a party in a contested divorce or other legal matters such as custody, visitation, or property division. In these cases, it is highly advisable to hire a Fort Knox military divorce lawyer.

Q: What Is the 10-10-10 Rule in Military Divorce?

A: The 10-10-10 rule in military divorce addresses three separate requirements: 10 years of marriage, 10 years of overlapping military service, and 10 years of service creditable for retirement. Meeting these two requirements doesn’t necessarily mean that the former spouse will receive any benefits, but they can receive retirement pay directly from DFAS. This law is often confused with other rules, so it is essential that a competent attorney be consulted.

Q: Is Kentucky a 50/50 State When It Comes to Divorce?

A: No, Kentucky is not an automatic 50/50 state. The state follows an “equitable distribution” model when it comes to marital property. This means that marital property is not automatically split 50/50 between the two spouses. Judges have discretion in how they will divide the property based on what is fair for both spouses.

Hire a Military Divorce Lawyer Today

If you are going through a military divorce, Michael J. Thompson, Attorney at Law, can help you through the legal process. Contact us today for a consultation.