What Makes Military Divorce Different?
Divorce is rarely simple, but military members often face particularly complicated situations when ending a marriage, or dealing with co-parenting issues post-divorce. Simply put, it’s an entirely different battlespace that you shouldn’t be navigating on your own. It’s important to work with a Family Law attorney who understands the intricacies of military divorce, not just divorce in general. At RPM Law, with veterans in our ranks, we focus much of our practice on Family Law for military families – including the nuances of military divorce.
Here are some particular considerations for divorcing couples when one or both spouses are in the military:
Jurisdiction: If you or your spouse has been frequently reassigned, it may not be clear which state has jurisdiction for the divorce, or in which state it’s proper to file the action. This is important because a court has to have jurisdiction to administer legal proceedings as to property AND as to child-related issues. We can help you file divorce and other paperwork in Arizona, or determine whether you must file in another state to properly address the facts of your case.
Property division: Family courts must determine the community interest in retirement assets, and then properly divide those according to federal code and state property law. You need someone on your side who is intimately familiar with this process, and how these determinations are made. Once property division is finalized, it’s too late to undo the damage of not knowing what needs to be done with military retirement entitlement in a divorce.
Child custody and Parenting Plans: Parenting while in the military can be difficult even in the best of circumstances – especially if you are deployed overseas. We will work to ensure your custody arrangement and Parenting Plan are reasonable for your family’s situation, are in compliance with state laws and entitlements, and are as fair and equitable as they can be (even in the context of a geographic separation).
Family support: If you are going through a divorce or separation while in active service, your family support arrangements are governed by your branch’s internal policies as well as by the state court. At RPM Law, we are up to speed on these peculiarities so that we don’t make the all-too-common mistake of forgetting you serve two masters when going through a divorce or separation.
Work With An Attorney Who Speaks Veteran
At RPM Law, we understand the challenges of your situation, whether you or your spouse are Active, Reserve, Guard, or Retired. Team RPM will offer straightforward guidance to help get you through divorce or a custodial dispute in the most efficient way possible, so you can stay focused on the mission and get on with your life. We’ve “been there – done that;” that perspective and experience translates to huge dividends in your representation… so that you don’t have to ask yourself if your attorney truly understands what you’re talking about when discussing your military service.