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Specialty tag(s): Military Divorce, Divorce

Seeking Assistance and Advice in Military Divorce: Resources, Tips, and Guidance for a Smooth Process

Kyle Basinger | July 15, 2024

Divorce is rarely, if ever, easy, and this is especially true for military divorces. From complicated benefit divisions to ongoing legal procedures while deployed, military service members and their families have unique challenges and considerations to contend with during divorce. These issues can make your divorce process far more complicated than others, which is why it is important for those going through a military divorce to understand the resources at their disposal and what they can do to ensure a smooth process.

There are several ways to approach your divorce to help keep the divorce process moving forward as constructively and as conflict-free as possible. One method is to use a process known as collaborative law.  This holistic approach to the divorce process combines experts in communication and finances with the attorneys representing each party to approach the divorce without court intervention.  Another out of court approach is using divorce mediation to handle disputes amicably and out of court. A collaborative or mediation-focused approach can help reduce stress while keeping costs lower than a drawn-out trial. You can also choose to go through divorce arbitration, which allows both parties to present their arguments and have a neutral third party settle their disagreements for them. Divorce arbitration is more private, faster, and less expensive than the traditional litigated divorce process.

Regardless of how you choose to handle your military divorce, it is important to be proactive in gathering all necessary documentation related to military service. Documentation may include proof of income, housing allowances, and any other benefits you received while married. Having these documents on hand at the start of the divorce can help keep the process moving.

Understanding Military Divorce Entitlements

Military divorce entitlements, such as military pensions and benefits, are handled differently than benefits in civilian cases. Understanding how these entitlements are divided can make a significant difference in the outcome of the settlement. Entitlements and issues you should be aware of include:

• Military Pensions: The military pension is one of the most valuable assets in a military divorce. According to the Uniformed Services Former Spouses’ Protection Act (USFSPA), ex-spouses may be entitled to a portion of the service member’s retired pay if they were married for at least ten years. However, it’s important to note that usually, only the amount earned during the years of the marriage can be divided.
• Health Benefits: The division of health benefits is subject to the 20/20/20 rule; if the couple has been married for at least 20 years, the service member has served for at least 20 years, and there have been 20 years of overlap between the marriage and service, the service member’s spouse may retain full military medical benefits and commissary and exchange privileges after a divorce. Those who do not meet these requirements may still be eligible for transitional health benefits through the Department of Defense Continued Health Care Benefit Program for up to 36 months after the divorce.
• Housing: If you and your spouse lived in on-base housing during the marriage, the non-military spouse usually must vacate within 30 days after the divorce unless specific conditions allow for an extension.
• Child and Spousal Support: Military regulations may require service members to continue supporting their family members even after separation before finalizing divorce proceedings. Military standards can influence the amounts and terms of support but must also align with state laws.

Divorce and the Servicemembers Civil Relief Act

One of the most important resources to be aware of during a military divorce is the Servicemembers Civil Relief Act (SCRA), which is designed to provide active-duty service members and their families with numerous financial and legal protections. These benefits can include eviction protection, deferred income taxes, and protections for small-business owners. In the context of a military divorce, help is available under the SCRA in the form of:

• Stay of Proceedings: The SCRA permits active-duty military members to request a temporary halt of court proceedings, including a divorce, if their duties prevent them from appearing in court or responding to legal actions. This stay is initially for 90 days but may be extended at the court’s discretion or upon further request.
• Default Judgment Protection: To protect service members from being unfairly divorced without their knowledge while on active duty, the SCRA prevents courts from entering default judgments against them. Before a court can issue a default judgment in a divorce proceeding, the plaintiff must provide a sworn statement indicating whether the defendant is in military service. If the service member is on active duty, the court must appoint an attorney to represent their interests.
• Residency and Filing Flexibility: The SCRA offers flexibility regarding where service members and their spouses can file for divorce. Typically, you can file for divorce in the state where either spouse has legal residency. The SCRA allows service members to retain their original state of residence for legal purposes, despite being stationed elsewhere, potentially affecting jurisdiction and the applicable divorce laws.
• Legal Assistance: Military legal assistance offices provide free services to active-duty service members and their spouses, including help with understanding and using SCRA protections. These offices can offer guidance on initiating divorce proceedings, ensuring compliance with the SCRA, and navigating the complexities of military-specific legal issues.

Military Divorce Tips

1. File in the Correct State: Military families often move frequently, which can sometimes complicate the residency requirements for filing for divorce. It’s essential to file in a state where you or your spouse have legal residency, which might not necessarily be where you are stationed.
2. Seek Specialized Legal Advice: Engage with attorneys who specialize in military divorces. At Goranson Bain Ausley, our team includes lawyers who have served in the military and possess the expertise to skillfully navigate the complexities of a military divorce.
3. Understand the Impact on Children: If children are involved, consider how custody arrangements and child support will be handled, especially in cases where one parent may be overseas or on active duty.

Contact Goranson Bain Ausley for Your Military Divorce Today

At Goranson Bain Ausley, we understand the complexities of your situation, and we are here to provide the military divorce advice, help, and support you need to protect your interests during this transitional period. Contact us today to schedule a consultation with one of our experienced military divorce attorneys, who will guide you toward achieving the outcome you deserve

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