Military Divorce Attorneys

How Is a Military Divorce Different than Other Divorces?

The goal of any divorce, with or without a party who is a service member, is to legally end a marriage. Assets and debts must be divided, and issues related to minor children of the marriage must be settled. In a military divorce, however, both the governing law and the required procedures can be different than those in a non-military divorce. Retaining the services of an attorney who is familiar with the ways in which a military divorce is different ensures that your rights are protected and that the divorce is accomplished in a timely and efficient manner.

What Is the Service Members Civil Relief Act (SCRA)?

The Servicemembers Civil Relief Act (SCRA) is a federal act that applies to all active duty service members, reservists, and members of the National Guard while on active duty. The stated intent of the SCRA is to ease financial burdens on servicemembers during periods of military service. As it applies to a divorce, the SCRA prevents litigants from pursuing certain actions, including divorce and child custody cases, against certain military personnel without a court order. In practical terms, that means that the SCRA could delay a divorce proceeding or even prevent the divorce from moving forward altogether. It can also prevent a court from entering a default judgment against a servicemember in a divorce proceeding.

How Is the Division of Assets Different in a Military Divorce?

How the division of assets works in a divorce is governed by the laws in the state where the divorce is filed. Tennessee is an “equitable division” state, meaning assets should be divided fairly among the parties. Although that basic concept does not change in a military divorce, assets such as retirement pay, and military benefits can complicate the process of dividing assets in the divorce. For example, military disposable retirement pay is subject to division during a divorce but VA disability compensation, military disability retirement benefits, Special Combat-Related Compensation (SCRC), and Concurrent Retirement and Disability Pay (CRDP) are usually not subject to division during a divorce. If a service member receives certain types of disability pay (as many do), his/her retirement pay is reduced accordingly, further complicating the division of assets in a military divorce. To ensure that the division of assets is accomplished fairly and accurately, you need an attorney who understands the nuances of the laws relating to a military divorce.

How Are Custody and Child Support Handled in a Military Divorce?

If a divorce involves minor children, issues relating to those children must be resolved in the divorce by creating a Parenting Plan. A Parenting Plan includes decisions such as which parent will be the Primary Residential Parent (the parent with whom the children live most of the time), how the parenting time schedule will work, and which parent will pay child support and in what amount. If the parents are unable to agree on the issues included in the Parenting Plan, it makes the divorce process more complicated. When a parent is in the military, that military status can present a challenge with custody and parenting time issues given that military members are frequently required to move every few years.

By the same token, calculating child support (or spousal support) can be more complicated in a military divorce because service members are often compensated for their employment plus, they may receive an allowance for housing and other benefits. Spousal support is also more likely to be awarded in a military divorce because many non-military spouses are unable to work while married to a service member given the frequent need to relocate.

Contact Us

The Murfreesboro military divorce attorneys at Bennett | Michael | Hornsby have the experience and commitment necessary to help you through your military divorce. Contact the team today by calling 615-898-1560 to schedule your appointment.