How Military Divorce Is Different Than Civilian Divorce

Nearly 1.3 million members are currently on active duty in the U.S. military across the globe. Since the military lifestyle requires constant moves and long deployments, it can place a strain on a young marriage, especially if there are children involved. While a divorce may ultimately be for the better, the process of it is much more complex than a civilian divorce. Here’s why:

  1. 1. Spousal support, parenting schedules and the calculation of child support can be issues: Deployment, unique work schedules, frequency of moves and pay issues (base pay, hazardous duty pay, BAH, etc.) can all make military divorces more challenging than those involving civilians.

    2. State and federal laws govern military divorce: While state law may impact spousal support and child custody, federal laws can also impact a divorce, especially as it related to a military pension and VA benefits.

    3. Dividing a military pension or other retirement assets can be more complicated: Military retirement pay will have to be addressed in a divorce involving a soldier who either is retired or may serve the requisite years to qualify for a “military retirement.” Issues of dividing such retirement, dividing Thrift Savings Plans (TSP’s) and knowing how retirement differs from VA benefits in a divorce all require special knowledge from a family law professional

    4. Added protections for active duty members: Active duty military members are protected from being held in “default” for not responding to a divorce petition while deployed or otherwise not available. You need an attorney who is knowledgeable about these issues, including the protections provided by “The Servicemembers Civil Relief Act

As you can see, there are several special circumstances that apply to a military divorce, which is why it is important to retain the legal guidance of one of our Clarksville military divorce attorneys at Patton | Pittman Attorneys.

Call (931) 361-4477 or contact us onlinefor a free consultation.

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