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Military Divorce
Navigating Divorce in Military Life with Legal Precision and Compassion
When one or both spouses serve in the armed forces, the process of divorce takes on unique complexities. Frequent relocations, deployments, and federal benefit structures create challenges that go far beyond those faced by civilian families. At SJKP LLP, we provide knowledgeable and practical counsel to military service members and their spouses navigating these sensitive issues.
Our Military Divorce practice combines family law experience with an understanding of military service obligations, ensuring that every case is handled with respect, accuracy, and fairness.
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1. Military Divorce Key Considerations
Understanding the Distinct Legal Framework
A Military Divorce is governed by both state family law and federal regulations, such as the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses’ Protection Act (USFSPA). These laws impact everything from the timing of proceedings to the division of retirement benefits.
Military Divorce and Jurisdiction Challenges
Jurisdiction—the authority of a court to hear and decide your case—can be complicated when one spouse is stationed in another state or overseas. In a Military Divorce, spouses may typically file for divorce in the state where:
- - The military member is domiciled (their permanent residence).
- The military member is currently stationed.
- The spouse resides.
Some states allow filing based solely on stationing, even if the member doesn’t intend to remain permanently. Our attorneys help determine where jurisdiction properly lies to avoid future enforcement issues.
The Servicemembers Civil Relief Act (SCRA)
The SCRA protects active-duty members from default judgments or court proceedings they cannot attend due to military obligations. Under this law, a service member can request a stay (postponement) of proceedings without waiving any defenses. Courts also cannot modify custody or property arrangements during deployment without consent.
Our firm ensures these federal protections are invoked effectively so clients can focus on service duties without compromising their rights at home.
2. Filing and Process in Military Divorce
Balancing Federal Duty with Family Law Procedure
Filing for a Military Divorce follows similar steps to a civilian divorce but includes additional procedural safeguards for service members.
Military Divorce Petition and Residency Requirements
Each state has specific residency requirements and may require separation periods before filing. For active-duty personnel, the court’s authority depends on domicile and service location. We help determine the optimal filing jurisdiction based on family, financial, and strategic considerations.
Temporary Orders and Stay Requests
When a deployment interferes with court appearances, we request temporary stays or continuances under the SCRA to ensure fair proceedings. Temporary orders may still govern support or custody while the case is pending.
3. Child Custody and Support in Military Divorce
Protecting Family Bonds Amid Deployment and Duty
Parenting while serving in the military demands flexibility and careful legal planning. Courts must consider deployment schedules, transfers, and long-distance parenting arrangements.
Custody Arrangements and Family Care Plans
A Family Care Plan is often required for service members with dependents. It should include:
- - Provisions for visitation during leave or rest periods.
- Plans for surrogate visitation (e.g., grandparents) during deployment.
- Communication methods while overseas.
- Procedures for custody transfer upon return or reassignment.
We help clients negotiate custody terms that protect parental rights and accommodate the realities of military life.
Child Support and Military Income
When calculating child support, courts may consider all components of a service member’s compensation, including:
- Basic Allowance for Housing (BAH)
- Basic Allowance for Subsistence (BAS)
- Hazard pay, special pay, and bonuses
- GI Bill-related income
Each branch has internal guidelines requiring family support even without a court order. Our attorneys ensure child support calculations are accurate, fair, and compliant with both state law and military regulations.
4. Property Division and Military Benefits
Balancing Fairness with Federal Law Limitations
Dividing property in a Military Divorce often raises complex questions about pensions, healthcare, and federal entitlements.
The Uniformed Services Former Spouses’ Protection Act (USFSPA)
The USFSPA allows state courts to treat disposable military retired pay as marital property subject to division. However, division is not automatic—state laws differ on how and when pensions are divided.
Under the 10/10 Rule, the Defense Finance and Accounting Service (DFAS) will directly distribute pension payments if:
- - The couple was married for at least 10 years, and
- The service member completed 10 years of creditable military service during the marriage.
Our attorneys ensure clients understand these thresholds and protect their entitlement—or defense—accordingly.
Healthcare and TRICARE Eligibility (20/20/20 Rule)
Eligibility for TRICARE after divorce depends on the 20/20/20 Rule:
- - The marriage lasted at least 20 years.
- The military member served at least 20 years.
- The marriage and service overlapped for at least 20 years.
Former spouses who meet all three conditions retain TRICARE benefits unless they remarry. Those meeting the 20/20/15 Rule (overlap of 15 years) may receive one year of transitional coverage. We guide clients through these rules and ensure proper enrollment in the Defense Enrollment Eligibility Reporting System (DEERS).
5. Financial Considerations in Military Divorce
Managing Complex Compensation Structures
Military compensation includes multiple untaxed allowances and special pays, creating unique challenges in assessing income, dividing assets, and calculating support.
Income Transparency and Financial Disclosure
Courts require complete disclosure of pay statements, LES (Leave and Earnings Statements), and benefits. Our lawyers help clients accurately present or evaluate income—including bonuses, hazard pay, and deployment allowances—to avoid under- or overestimation.
Division of Pensions and Retirement Accounts
State laws determine how pensions are classified (marital vs. separate). Direct DFAS payments cannot exceed 50% of disposable retired pay. These payments stop upon death of the service member or recipient, unless survivor benefits are separately negotiated.
We ensure pension division orders meet DFAS standards and withstand future disputes.
6. Military Divorce and Jurisdictional Strategy
Ensuring the Case Is Filed in the Proper Court
A court must have both subject matter and personal jurisdiction to adjudicate a Military Divorce. Common filing options include:
- - The state where the service member resides or is domiciled.
- The state where the spouse resides.
- The state where both agree to file.
For service members stationed abroad, filing can still occur in the U.S. based on domicile. Choosing the correct jurisdiction can dramatically affect property division, pension eligibility, and custody enforcement. Our attorneys analyze these variables to recommend the most advantageous filing state.
7. Military Divorce vs. Civilian Divorce
Understanding the Key Differences
While most divorce procedures are similar, Military Divorce introduces federal overlays and additional administrative steps. Major distinctions include:
- Jurisdiction flexibility across multiple states.
- - Federal protections under SCRA.
- Pension division governed by USFSPA.
- Additional custody protections during deployment.
Our attorneys integrate military-specific knowledge into every aspect of case management, ensuring compliance with both civil and federal law.
8. Why Choose SJKP LLP for Military Divorce
Strategic, Informed, and Supportive Legal Counsel
Military families sacrifice stability for service—and deserve legal counsel that honors that sacrifice. At SJKP LLP, we provide focused advocacy for service members and spouses alike, ensuring fairness in every aspect of the process.
We offer:
- - Expertise in SCRA and USFSPA compliance.
- Insight into military compensation and pension division.
- Guidance on custody, child support, and family care plans.
- Support for overseas and multi-jurisdictional filings.
Our mission is to safeguard your rights, your children, and your financial future—so you can focus on what matters most: your family and your service.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.
