According to U.S. regulations, military couples are subject to the same divorce laws as non-military couples. However, a military divorce may involve a modified process according to the couple’s residence and availability. If you’re a military couple seeking divorce, let the team at Klok Law simplify the process and help you through this time in your life.
At its essence, a military divorce is no different than a standard divorce. When any couple makes the careful decision to separate, the first step is always toward qualified legal counsel. At Klok Law, we focus on helping couples separate with everyone’s best interests in mind.
If you or your spouse is part of the military, you’ll need to keep in mind that international borders may affect your divorce. If one of you is stationed overseas, it could lengthen or alter the procedure. The Klok Law team is here to help you navigate through court systems and legalese so you can focus on facilitating a healthy split.
Military Children and Custody
If you and your spouse have children, custody will be a chief concern.
Often times, parents will devise a family care plan to describe their resources and ability to care for their children going forward. For members of the military, it’s extremely important to consider the likelihood of overseas deployment and long-term commitments. Divorce can be a difficult time for children, and there’s nothing more important than their safety and care.
As you develop your custody outlook, ask yourself the following:
- Where/when will you be overseas?
- When stationed at home, what will your schedule look like?
- Do you have any relatives that are willing to act as caregivers while you’re away?
USFSPA – The Uniformed Services Former Spouse Protection Act
If your spouse is part of a military organization but you are not, a divorce can lead to a good deal of uncertainty. To protect the rights and wellbeing of non-military former spouses, the USFSPA seeks to mediate healthcare benefits and retirement provisions.
While the USFSPA does not automatically ensure a portion of a military member’s retirement savings will go to his or her former spouse, it does ensure the right of the courts to fairly allocate retirement savings. As a former spouse, your eligibility for a retirement share often depends on the length of your marriage.
The USFSPA states that couples who have been together for 10 years during a partner’s active military duty qualify for direct payments from the Defense Finance and Accounting Service, the financial agency assigned to the Department of Defense.
Are you considering military divorce?
Make a call to Klok Law. Our team is ready to guide you through the legal process and make it as gentle as possible. If you’re a military couple considering separation, we’re the best resource in the area. Our legal counsel will assist you with every moving part every step of the way.
Don’t make the mistake of choosing the wrong legal counsel. Trust Klok Law to make your separation a little easier.