Military Divorce

Military Divorce Lawyers and Divorce Attorneys

Divorces involving military personnel present certain challenges that the average civilian divorce does not have to face. Americans who are serving their country are subject to certain laws and conditions which do not apply to other citizens. As someone serving in the military, or as the spouse of someone serving in the military, it’s important for you to be familiar with the intricacies of divorce proceedings involving the military. The Oceanside divorce attorneys of Fischer & Van Thiel, LLP, understand the unique circumstances faced by military personnel and their spouses.

What Makes a Military Divorce Different?

Unlike civilian divorces, there are certain laws in place which make divorces involving servicemen or women a bit more complicated. In addition, there are circumstances faced by people in the military that most civilians do not face, such as having spouses on foreign military bases or in war zones. While “military divorce” is not a legal term, it does serve to differentiate the more complicated circumstances of such a divorce from divorces involving two civilians.

Where Do I File for Divorce?

Because so many military personnel or overseas or otherwise away from their homes, it may not be clear where to file for divorce. There are actually a few different options you can choose from in cases of military divorce:

  • File for divorce in the state in which you reside.
  • File in the state where the serviceman or woman is stationed.
  • File in the state in which the military member is listed as a legal resident.

Your child custody, child support, alimony, and other terms of the divorce will be subject to the laws of the state in which you file, so you should do some research before you choose which state to file in. The Oceanside divorce lawyers of Fischer & Van Thiel can help you make the best decision for your future.

The Uniformed Services Former Spouses’ Protection Act

Unlike civilian divorces, which are mostly governed by laws at the state level, there is actually federal legislation concerning divorces involving members of the military. The Uniformed Services Former Spouses’ Protection Act (USFSPA) was signed into law in 1982, and serves to protect the rights of former husbands and wives of military personnel who had supported their spouse’s service career.

The USFSPA applies to all active duty, guard, reserve, and retired military personnel and their spouses. Under the law, the spouse of a member of the military can be awarded 50% of the retired military pay owed to the serviceman or woman. If there is court-ordered child support as well, that amount can be up to 65%.

Contact Us

If you or someone you love is considering a military divorce, contact the Oceanside military divorce attorneys of Fischer & Van Thiel by calling 760-722-7646 today.