Following the same legal proceedings as a civilian divorce, a military divorce is a legal matter pertaining to a dissolution of marriage when one of the parties is an active member, retired, or reservist in any branch of our United States military. At Holstrom, Block & Parke, APLC, we have assisted military professionals all over the world and offered the absolute best guidance on their custody, property divisions, and divorce proceedings.
Our firm offers a 25% discount on our hourly billing rate to all military personnel, as well as police and firefighters. Call today!
In the event that one party is serving our country out of state or even out of the country, these special circumstances can add some difficulty to an already challenging situation. Fortunately, we successfully manage these kinds of cases on a daily basis. We keep our clients informed of new developments and status of their case in real time. When our clients cannot attend court hearings, we act as their advocate and fight for their best interests as if they were present.
While a military divorce is not necessarily more complicated than a civilian divorce, it does have many of its own rules and regulations. This is due to unique factors including the laws on dividing military pension and certain legal protections held by military members. One such protection is the Service Members Civil Relief Act. This states that service members are protected from lawsuits while on active duty, including divorce proceedings. This is so they can “devote their entire energy to the defense needs of the Nation.” Because of the Civil Relief Act, it is possible for the court to delay divorce proceedings for up to 60 days following the end of the service member’s active duty.
The USFSPA authorizes direct payment of a portion of a military retirees pay to the former spouse and extends some base privileges to certain former spouses. This does not mean that the spouse of a military member is automatically entitled to a portion of their pension. It just means that the military pension is available to be divided as part of the marital assets. Under certain circumstances, the USFSPA provides for the former spouse to receive full military benefits. The USFSPA also provides extra protection from an unresponsive parent. If the military member is responsible for child support and is not paying, it is possible for up to 60% of their wages to be garnished.
Our lawyers are well-versed on all the unique provisions of a military divorce proceeding and would be happy to sit down and discuss the details of your case in a free phone consultation. Call (855) 939-9111 to learn more!
Holstrom, Block & Parke, APLC thanks you for your service to our country.