Military divorce
A divorce with a deployment on the calendar
Ending a marriage is hard enough. When one of you is on orders, the questions multiply: where it can be filed, what happens to the paycheck, who keeps the health coverage, and who has the children while someone is away.
I handle the divorce and the military part of it together. I make sure the papers fit how the government pays and moves families, and that a deployment or a move is written into a custody plan before it happens.
What I cover
Where the case can be filed
Delay of a case while on active duty
Division of retired pay
Survivor benefits and health coverage
Custody around deployments and moves
Family care plans
What changes
Six places a service divorce differs
None of these appear in a civilian divorce. Each one is easy to get wrong when the papers are drafted in a hurry.
Jurisdiction
You may be able to file where you live, where your spouse lives or where you are stationed. Where you file can change the outcome.
The service member's protections
Federal law lets a service member ask a court to pause a case while on active duty. Whether to use it is a decision to make with a lawyer.
Retired pay
Retired pay can be divided, but the federal rules on when and how it is paid directly to a former spouse are specific.
Health coverage
Whether a former spouse keeps military health coverage depends on how long the marriage and the service overlapped.
Custody and deployment
A plan can say who has the children during a deployment and how a parent keeps in touch from far away.
The next move
Orders can send one parent across the country or overseas. A relocation clause should be written before it happens.
Questions
Asked by both spouses
Can I be divorced while I'm deployed?
Yes, but you can ask the court to wait. Whether to is a decision to make with a lawyer, not alone.
Do you represent the service member or the spouse?
Either, never both. I'll tell you on the first call if I've already spoken to your spouse.
Will I get part of my spouse's retirement?
It depends on the length of the marriage and the service, and on what a court orders. I'll tell you what applies to you.
What does a divorce cost?
A written fee, set after I know whether it is agreed or contested. A paper review of a separation agreement is a flat fee.