Military Divorce

Kentucky Military Divorce Attorneys

Louisville Military Spouse Divorce and Family Lawyers

Military divorce is far more complex than a civilian divorce and requires the expertise of a Louisville military divorce attorney. At Dodd & Dodd Attorneys, PLLC we are experienced with the difficult process of military divorces and separations and will counsel you on all of your options as well as aggressively litigate for you in the courtroom.

Military divorce can be complex, involving your children, financial security and the painful separation of your family. Contact us to protect your rights while helping you and your family through this difficult transition.

Kentucky Military Divorce Lawyers

The army (and each branch of military service) has certain regulations that can make your divorce different from a divorce between civilians. These regulations can affect:

  • Child support
  • Child custody
  • Parenting time/visitation
  • Military retirement
  • Medical benefits
  • Spousal support/alimony/maintenance

The civilian, nonmilitary spouse, may be entitled to retain certain parts of a military pension,  military medical benefits (Tricare), basic housing allowance (BAH), GI Bill and other benefits as well Our Louisville military divorce lawyers will fight to protect your rights and to secure an outcome that is beneficial to you.

Military Retirement Division

The experienced military divorce lawyers at Dodd & Dodd Attorneys, PLLC understand the complex issues surrounding military retirement in a divorce.  The division of retirement is generally based upon the duration of the marriage during the years of military service.

We are often asked about terms such as “20/20, 20/15 or 20/10” during discussions regarding retirement division and post-divorce benefits. The first number is the amount of years of active military service, and the second number is the number of years from the date of the marriage to the date of your divorce (Note: this is not the date of separation).  This is important as it directly relates to a military spouse’s access to the commissary, Post Exchange or PX, as well as health care coverage and facilities.

Another issue is the ease with which you can collect payment, especially retirement assets.  If you were married for at least 10 years concurrent with military service, a former spouse may go directly to the Defense Finance and Accounting Services or DFAS to collect associated funds.  If you are married for less than 10 years, you may still share of the military pension at retirement, however, distribution of these funds is not withheld and distributed by DFAS.  You will be required to collect from the individual service member.

Military Benefits in a Divorce

What happens to the “Survivor Benefit” in a military divorce?  How will this policy be paid after the divorce? There could also be questions surrounding “Uniformed Services Former Spouses Protection Act” or USFSPA regarding veterans’ benefits.  For example, military disability income is not covered under the definition of “disposable” retirement income in a military divorce.  Therefore, disability pay is handled differently than typical military divorce property division rules.  The fact that disability income is not considered retirement income can affect the portion given to the non-military former spouse.

This difference often amounts to tens or hundreds of thousands of dollars.  Military divorce encompasses complex issues that can affect a former spouse after the divorce.  For example, a veteran who qualifies for “Special Combat Compensation Pay” and elects to take it may terminate other retirement benefits the former spouse would have otherwise received.  The experienced military divorce lawyers at Dodd & Dodd Attorneys, PLLC protect our clients and ensure that military divorce settlement agreements take into account all issues while accomplishing our clients’ goals and objectives.

Deployment and Other Military Divorce Issues

It is possible to file for divorce while you are deployed. Our Kentucky law firm can help dissolve your marriage now, instead of waiting until you return from deployment. Most issues can be handled electronically, even though you or your spouse is overseas.  Our firm has handled many military divorce cases when the service member is overseas while at the same time delaying the divorce for a military member who is unable to timely participate due to his military service.

If you are active military, have served in the armed forces or are married to a service person you’ve probably heard of the SSCRA, or the Soldiers’ & Sailors’ Civil Relief Act.  Most recently updated in 2003, , it was replaced with the Servicemembers Civil Relief Act of 2003 (SCRA). The update ensured marines and airmen were specifically addressed, and contains numerous additional updates and protections. While many of these updates did not specifically address family law cases, in Kentucky the SCRA applies to all judicial proceedings and post-decree matters in all military divorce, legal separation and paternity cases.

If the service member is still on active duty, the decree must address the requirements of due process under the original Soldiers’ and Sailors’ Civil Relief Act. A person in active service can easily use SCRA to contest a divorce he or she does not want.

Our attorneys have an extensive understanding of all issues that arise in a Louisville military divorce, including drafting marital agreements to protect your assets. We can also assist you if you have questions regarding domestic violence or need a temporary restraining order.

Contact a Seasoned Louisville Military Divorce Lawyer

Military divorces require extensive legal experience and expertise.  We invite you to call today at 866-674-1924 or 502-584-1108 or contact Dodd & Dodd Attorneys, PLLC by e-mail for a consultation with an experienced Louisville, Kentucky, service member divorce lawyer.

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