Fort Campbell Military Divorce Lawyer

Fort Campbell Military Divorce Attorney

Military divorces involve complexities that are not present in civilian divorce. The decision to end any marriage is difficult, and it impacts the entire family. However, navigating this process is much easier with the aid of a Fort Campbell military divorce lawyer. An attorney helps you file properly, address complex property division issues, and determine the custody and support of your children.

When you make the difficult choice to get a divorce, you have decided that it is the right move for your family’s well-being, whether the decision was made with your spouse or alone. Even when it is the right choice, it is still financially and personally straining. Legal counsel during the divorce process can help you protect your financial interests and avoid losing more than is fair.

Offering Fort Campbell Service Members and Their Spouses Legal Support

When getting a military divorce, it is crucial that you work with a divorce and family law attorney who understands your unique needs. If an attorney does not understand the federal laws and regulations that apply to military divorces, the process can take much longer and be more costly than it should be. An attorney with experience in these areas will have likely handled cases similar to yours in the past and will be able to skillfully protect your interests.

The attorneys at Mathis, Bates & Klinghard PLLC (MBK Legal) have collective decades of experience in family and divorce cases, including those involving military service members and their loved ones. We focus on the needs and interests of our clients, prioritizing clear and efficient communication to help you get the answers you need and find a positive resolution to your case.

When either spouse is on active duty, this can complicate the process for both spouses. However, the aid of an attorney can help each spouse navigate the stressors they’re facing. MBK Legal can provide you with compassionate and comprehensive legal services during your military divorce.

Basic Aspects of a Divorce

Any divorce, whether civilian or military, will typically involve some of the following aspects:

• Property division, where marital assets are split between spouses. Both Tennessee and Kentucky are equitable distribution states. If the court is responsible for asset distribution, it does so by determining a fair division, which might not be equal. The court will consider many factors when making a decision.
• Alimony, where one spouse pays the other a certain amount of support. This might be necessary if one spouse has a much higher income, although the equitable distribution of assets also affects whether alimony is necessary.
• Child custody, which includes where children live, how they move between homes and the parental rights of each parent. Custody also involves determining which parents can make important decisions for their children.
• Child support, which makes sure both parents are responsible for the financial support of their children. It will largely be determined by the parents’ incomes, and custody can also affect child support determinations.

What Makes Military Divorces More Complicated Than Civilian Divorces?

There are several unique factors in a military divorce that can complicate existing areas of a divorce or add new considerations. These include:

Filing Jurisdiction

Each state has unique rules about how long a spouse must have lived or been stationed within the state in order to file for divorce in that state. Depending on where a servicemember is stationed and where the civilian spouse resides, this can impact where a couple can file for divorce. It can also make things more complicated if one spouse must travel long-distance.

Default Judgment Protection

Active duty service members are protected from civil lawsuits under the Servicemembers Civil Relief Act (SCRA). This includes civilian spouses filing for divorce. If a military spouse is deployed, the family court cannot enter a default judgment against them when they are unable to respond to the divorce filing.

This protection prevents civilian spouses from getting a divorce when their spouse cannot defend their interests. If spouses agree to the divorce, there are ways around this. An attorney can help you protect your interests during this process.

Military Spousal and Child Support

There are alimony and child support requirements unique to the military and their servicemembers. However, these requirements are not often applicable when the divorce is handled in family court. An attorney can help you determine how those requirements are different for your case and whether it is beneficial to pursue them.

Custody Considerations

In military divorces, one or both parents may be away from home during deployment for significant periods of time. This must be addressed in a parenting plan and custody arrangement, even if there will be third-party custody. Unfortunately, it can be hard for a military spouse to have significant custody, even though their absences are part of their service. It’s important that the children’s interests remain the priority.

Whether spouses agree or disagree on custody arrangements, these and other unique situations have to be considered. An attorney can help spouses determine creative solutions and protect their parental rights.

Division of Military Benefits

Military benefits, including healthcare and pensions, may be divided in a military divorce. This depends on whether the benefits are considered marital property or separate property. If they are divisible in the divorce, this complicates property division. How these assets are divided and how long a civilian spouse can retain certain benefits depends on the amount of time a military spouse has served, the length of the marriage, the overlap between these timelines, and other factors.

It is important that you find an attorney who understands these complex issues in military property division. Not all benefits are subject to division. Federal requirements also change often, further complicating the divorce process. Your unique circumstances will affect what is available in a divorce and how your assets may be split fairly. By working with an attorney, you can better protect your financial rights and your future.

FAQs:

What Is a Military Spouse Entitled to in a Divorce?

A military spouse is entitled to many of the same protections as civilian spouses in a divorce, including the right to an equitable and fair portion of marital assets, the right to request custody of their children, and the right to request or provide child support. Whether a military spouse is entitled to certain healthcare and retirement benefits after a divorce will depend on how long the couple was married. The longer a marriage is, the more likely a military spouse is entitled to certain benefits.

Is It Hard to Get a Divorce in the Military?

It is harder to get a divorce in the military, but not impossible. There are complicating factors in addition to the mental, emotional, and financial difficulties associated with filing for divorce. Some of these complications include:

• Protections against civil action for active service members, including protection from default judgments
• Unique residency requirements
• Fairly dividing military benefits based on many factors
• Unique alimony and child support requirements in the military
• Complex child custody determinations when one or both spouses are on active duty

What Can You Ask for in a Military Divorce?

In a military divorce, you can ask for many of the same things as in a civilian divorce, although there are special considerations regarding military benefits. Property gained during a marriage is divided equitably in equitable distribution states like Tennessee and Kentucky, including military assets.

A spouse may continue receiving military healthcare benefits after divorce if their service member spouse served for 20 years, the spouses were married for 20 years, and those periods of time overlapped by a certain number of years. The overlap period affects how long a spouse can recover benefits.

What Is the 10-Year Rule for a Military Spouse?

The 10-year rule for a military spouse affects whether the civilian spouse receives a direct payment from a military pension or if the military spouse pays it to them. The couple must have been married for ten years, and their marriage must have overlapped with service for 10 years.

The state’s equitable distribution and property laws will impact whether each spouse is entitled to a portion of the pension. If the civilian spouse is entitled and they meet the ten-year rule, they receive their portion directly.

Effective Fort Campbell Military Divorce Attorneys

Divorce is often an isolating process, and it’s important that you have support each step of the way. The outcome of a divorce can have a significant impact on your future, and this is not something that should be taken lightly. In a military divorce, you likely have even more financial and personal benefits at stake. Working with legal counsel can help you face this difficult situation while protecting your rights and financial interests.

At Mathis, Bates & Klinghard PLLC (MBK Legal), we can help you look out for your interests and secure the most favorable resolution for you and your family. Contact our firm today to learn how we can help with your military divorce near Fort Campbell.