Your Dedicated Military Divorce Lawyer In Medford, New Jersey
When one or both halves of a couple are in the military, the divorce process can seem endlessly complicated and difficult to understand. This is particularly true when the couple is trying to cope with the divorce despite being a great physical distance apart. Fortunately, you do not have to go through this experience alone.
At KG Law Group, LLC, our family law attorneys have more than 60 years of combined legal experience. We collaborate on cases so that our clients benefit from all of our knowledge. We can help you understand the unique aspects of a military divorce, educate you about your rights and options and develop a strategic approach to the process that reflects your specific goals.
Both Federal And State Laws Apply To Military Divorces
In some ways, divorces involving military members are no different than any other divorce. In other ways, they have unique challenges – especially when the spouses are currently separated by great distance or the service member’s active duty requirements. Here are some basics you need to know:
Which State Has Jurisdiction In A Military Divorce?
A military divorce can be filed in the state where the service member is currently stationed, the state where the non-military spouse is currently residing or the state the service member claims as their legal residence.
The choice of which state to file in can be significant because that state’s laws regarding the division of property, child custody and issues of support will control the case.
What Accommodations Can Be Made For Servicemembers On Active Duty?
The law recognizes that servicemembers on active duty may not be able to attend hearings. When possible, the court will usually try to allow the service member to participate in hearings electronically.
The Servicemembers Civil Relief Act, however, permits the proceedings to be stayed until the service member 90 days after their active duty ends – although temporary orders regarding support can still be issued for the interim.
What Rules Control The Division Of Military-Related Assets?
State laws govern the division of marital property, but federal laws like the Uniformed Services Former Spouses’ Protection Act (USFSPA) play a role in determining what happens to any military benefits.
The 10/10 rule under the USFSPA stipulates that the non-military spouse must have been married to the service member for at least 10 years that overlap with 10 years of active military service for direct payment of retirement benefits through the Defense Finance and Accounting Service (DFAS). If that requirement is not met, the division of military retirement pay is still subject to state law, but it is handled through direct payment between the parties.
How Are Spousal Support And Child Support Determined?
Spousal support is financial assistance provided to a dependent spouse during and after a divorce. It takes into account factors such as the length of the marriage, each spouse’s income and earnings potential and the sacrifices made by one spouse to support the other’s military career.
Child support focuses on meeting a dependent child’s needs for housing, food, clothing and other necessities. While governed by state guidelines, it’s important to note that a service member’s basic allowance for housing (BAH) is used as income for child support calculations, and support orders can be enforced through military channels, including wage garnishment.
When Can A Former Spouse Retain Access To Military Benefits?
The spouses of former military personnel may be eligible for medical (TRICARE) coverage, commissary and exchange privileges when the couple was married for at least 20 years, the service member gave a minimum of 20 years of service toward their retirement, and the years of service and years of marriage overlapped by 15 years or more.
Others may be entitled to one year of TRICARE coverage following the divorce or some benefits through the Continued Health Care Benefit Program (CHCBP).
It can be difficult to sort through your options and take a measured approach to your divorce, especially when emotions are running high and there are complications due to one or both parties’ military service. That is why it is so important to have a military divorce attorney who can clearly explain what you should expect moving forward.
We Look Out For Our Clients: Call Today
If you are approaching a divorce and either you, your spouse or both of you are in the armed services, you need an experienced military divorce lawyer on your side. Our team understands all of the nuances of your situation, and we will aggressively protect your interests. Call KG Law Group, LLC at 609-212-4085 today or reach out online to schedule your initial consultation.