Fort Campbell Military Divorce Lawyer

Going through a divorce can be extremely difficult, but it is even more complicated when there are military ties in the relationship. This is because military divorces expand beyond traditional emotional and legal challenges, with added layers of military benefits, deployments, and custody arrangements that can cross multiple jurisdictions. If you are in the armed forces and are considering a divorce, connect with a Fort Campbell military divorce lawyer as soon as you can.

At the law office of Michael J. Thompson, Attorney at Law, we understand how stressful these legal battles can be when you’re already working hard to perform your duties. To help, our military divorce attorneys are well-versed in the specific laws that govern how these unique divorce types should proceed. We treat our clients as if they were our own family, striving to help them reach a fair resolution and prevent anyone from taking advantage of their rights.

Understanding the Impact of Military Service on Divorce

The influence of military service on divorce is multifaceted due to the variety of unique circumstances of these positions. For instance, extended periods of time away from home during active-duty deployments can cause a significant strain on a marital relationship. These long absences and the high-stress nature of military service, along with the associated physical and mental trauma, can all contribute to higher divorce rates among military personnel.

Even in cases where a divorce is already in process, active-duty assignments can delay these proceedings due to the Servicemembers Civil Relief Act (SCRA). This is a law that allows service members to temporarily suspend any judicial or administrative proceedings that they are involved with so they can fully focus on their duty to serve without distraction.

No matter how much a military member or their spouse may want to move forward with the divorce, this act will force them to wait until they return from duty or have special permission from the court.

In instances when a military couple is looking to divide a military pension, the length of the military member’s service will affect the division. This is due to the Uniformed Services Former Spouses’ Protection Act (USFSPA), which states that non-military spouses may be entitled to certain portions of their spouses’ military retirement funds, depending on how long they have been married and the marriage’s overlap with the military service.

For example, if a military member was married for only 10 of their 20 years in service, their spouse may only be eligible to receive about half of the retirement pay that has been saved up so far. This can increase up to 65% if the couple was married for over 30 years. To set your own expectations for what you may owe to your spouse after a separation, share the details of your relationship with a military veterans’ attorney.

Child Custody Considerations in Military Divorce

The unique demands of a role in the military, like frequent relocations to new sites or the looming potential of active-duty deployment, can make it difficult to achieve a child custody arrangement. These factors directly affect a service member’s ability to comply with a rigid custody or visitation schedule. Even just being stationed in a different state or country can make it difficult for the parent to maintain regular contact.

In scenarios where a parent has been deployed for activity duty, they may need the court to establish a temporary custody arrangement. These arrangements are made with the understanding that they will need to be reversed once the parent has returned. However, if this happens often, it can become very disruptive to a child. This is why courts will try to establish an original order that balances consistency with flexibility as needed.

FAQs

Q: How Does Being Stationed Overseas Affect Military Divorces?

A: When a service member is stationed overseas, it can complicate legal matters due to differences between jurisdictions and legal representation. For example, managing a divorce case in your home state while abroad can be difficult, especially with tasks such as serving divorce papers, attending court hearings, or managing matters from different time zones. These complexities can be too difficult to manage and may lead to a case delay until the service member is back.

Q: How Does the Military Handle Domestic Violence Issues in a Divorce?

A: The military takes all allegations of domestic violence very seriously, especially when they are raised during the process of divorce. Anyone accused of these crimes could face military disciplinary consequences as well as charges in civilian court. This could prevent the individual from accessing military benefits or obtaining the child custody agreement they were looking for. These scenarios require a trained military attorney to handle their sensitive nature and nuance.

Q: What Are the Implications of Remarriage for a Former Military Spouse Receiving Benefits?

A: Remarrying someone else impacts the military benefits you were receiving from a previous spouse. While it won’t affect your retirement pay, it will dismiss certain benefits, like healthcare and commissary privileges. However, these benefits can be reinstated if the second marriage ends and they return to being single. To understand the specifics of what will happen to your military benefits when marrying, consult an attorney who works with military families.

Q: Can Military Divorces Be Handled Through Mediation Sessions?

A: Just like civilian divorces, military divorces can also use mediation sessions to reach an agreement faster. This is also a great way to cut down on costs. Mediators trained in military law can help navigate conversations on these unique challenges, allowing both parties to have a voice yet see where the other side is coming from. The effectiveness of these sessions will depend on how willing and cooperative each party is to attain an amicable solution.

Contact Michael J. Thompson Today

If you are facing the prospect of a military divorce and are looking for legal support, contact the military divorce attorneys at the law office of Michael J. Thompson, Attorney at Law, today. For years, we have grown to know and support many of your fellow service members while helping them with their divorces. We would be honored to extend the same knowledge and compassion to your own case. Our team can ease your worries and help you transition into the next phase of your life.