Divorce is complicated for anyone, but military families are faced with additional obstacles such as deployment and the division of military benefits. Service members have the same issues as civilians in a divorce such as division of marital assets, spousal maintenance, and child custody, but the major difference is that both spouses must comply with complex military rules and regulations.
Each divorce is unique because the divorce proceedings are governed by state law, but federal law actually sets the guidelines for calculating the division of pension benefits. Verner Brumley Mueller Parker has extensive experience working with service members within the constraints of military law and can help you navigate all the obstacles.
The two major laws that affect military divorces are:
- The Uniformed Services Former Spouses’ Protection Act (USFSPA) – a federal law that assists with the calculation and division of military benefits and pension after divorce
- Servicemembers Civil Relief Act – protects soldiers from certain legal proceedings, including divorce, while they are on active duty or within 60 days of returning from active duty