Here at the McConnell Family Law Group, we are proud of our military heritage and we offer 25% discounted rates for military members and their families.
Military divorces are different from traditional divorces in several respects. Perhaps the most significant differences are based on the rules and regulations that apply to these proceedings and the unique benefits that members of the military receive. Getting everything just right can be tricky without help from an experienced military divorce attorney.
Below are just a few facts about military divorces that you need to know if you are an active duty military personnel or you are married to someone who is.
1. Jurisdictional Requirements
In every divorce proceeding, the court must have jurisdiction to proceed with the divorce. Usually, court authority is appropriate wherever the person is living. However, in military divorces, jurisdiction is more complicated. Generally, court authority extends to where the service member is stationed or where they hold legal residence. Usually, a service member’s legal residence is where the military member is from originally, but not always.
2. Protection from “Default”
In Connecticut, active service members can “pause” divorce proceedings, so to speak, while they remain on active duty. This pause in the divorce can last for the entire time that they remain on active duty and for up to 60 days after they are no longer active. However, the active duty member can also waive their right to stop the proceedings while they are on active duty if they so choose.
In a typical civilian divorce proceeding by comparison, if the other spouse does not respond to your petition, then they are considered in “default.” Default generally means that they are not resisting the divorce and the petitioning party will get most, if not all, of what they have requested regarding property division, child custody, and related issues.
3. Dividing Military Retirement Benefits
State property division laws still apply to military divorces. However, federal law also gives military members special rights when it comes to their retirement benefits from the United States. The Uniformed Services Former Spouses’ Protection Act will dictate how much of that account a former spouse can receive. In particular, spouses will not receive any portion of the fund unless they have been married for at least ten years.
4. Service of Process
You must still personally serve an active member of the military with the paperwork for the divorce. This can be tricky for those who are stationed overseas. However, the military member may also sign and file a waiver stating that he or she does not require personal service for the divorce. These waivers are common in uncontested divorces.
5. Military Benefits
If you have been married to a military member for at least 20 years, and your spouse has been in the military for at least 20 years, and the two periods overlap for at least 20 years, then you, as their spouse, are entitled to most of the same benefits as your spouse. These include things like medical benefits and commissary and exchange privileges. These benefits will apply as long as you remain unmarried.
You should not assume that even experienced family law attorneys will be able to walk you through your divorce involving military related issues. You need an attorney who has experience with this unique type of divorce. McConnell Family Law Group has over 50 years of combined experience handling military divorces. In fact, two of our attorneys and one of our paralegals are former members of the military, and they all have extensive experience with these types of cases. Contact a member of our team to schedule a consultation today.
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[su_row][su_column size=”1/2″ center=”no” class=””]Connecticut Divorce Mediator and Family Law Attorney Paul McConnell is a former Judge, Marine Corps infantry officer, and federal prosecutor with extensive grand jury, trial, and appellate experience. Paul was educated in mediation and jurisprudence by the National Judicial College in Reno, Nevada and by the Connecticut Council for Non-adversarial Divorce (CCND). “I first started out doing family law for Military Divorces at Camp Lejeune, NC. ” [/su_column]
[su_column size=”1/2″ center=”no” class=””]Matt is an instructor at the Naval Justice School in Newport, RI for new Marine Corps and Navy JAGS. Connecticut Divorce and Family Law attorney Attorney Matthew A. Crockett is a former Judge and former state prosecutor with extensive trial experience. Matthew is a Lieutenant Colonel in the U.S. Marine Corps Reserve and veteran of the Iraq war. [/su_column][/su_row]