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Navigating the terrain of a military divorce presents unique challenges that differ significantly from civilian divorces. Service members and their spouses must grapple with complex issues such as military pensions, residency requirements, and the impact of deployment on child custody disputes. These distinctive complications demand the expertise of an attorney well-versed in military divorce proceedings to ensure a fair and equitable resolution.
If you are serving in the military, you shouldn’t have to face divorce alone. Our firm at Bostick Law can help you navigate your divorce, including the division of marital property and the determination of child custody and support.
Speak with our Memphis military divorce attorneys today by calling (901) 582-7153.
How Military Status Affects Divorce
If you or your spouse are active military personnel, there are additional considerations to keep in mind during divorce.
Five aspects to consider include:
- Jurisdiction and Residency Issues: Unlike civilian divorces, military divorces can be filed either where the military spouse resides, where the military spouse is stationed, or where the couple last resided together. This flexibility can significantly influence divorce proceedings, depending on the laws of each respective state.
- Military Pension Division: Military pensions are complex financial assets that require an understanding of the Uniformed Services Former Spouses’ Protection Act (USFSPA) to be divided equitably. The division of the military pension can greatly affect the financial wellbeing of both parties post-divorce.
- Survivor Benefit Plan: This plan, intended to provide ongoing income to the surviving spouse after the service member’s death, can become a contentious issue in divorce. The military spouse may be required to maintain the plan with the ex-spouse as the beneficiary.
- Service Members Civil Relief Act (SCRA): This act provides service members with certain legal protections, including the possibility to delay court proceedings if military duty prevents their participation in the divorce proceedings. Understanding these rights and how they impact the divorce timeline is important.
- Child Custody and Deployment: The nature of military service, including the possibility of deployment, can complicate child custody agreements. A well-versed attorney can help structure custody agreements that take these unique circumstances into consideration, ensuring the best interests of the children are prioritized.
Get Help from a Military Divorce Lawyer in Memphis
Choosing the right attorney for your military divorce can make all the difference in ensuring a fair and equitable resolution. As seasoned professionals in military divorce law, our team at Bostick Law understands the complexities of military pensions, residency requirements, child custody, and more. Our attorneys are well-equipped to guide you through every step of the process, using our deep knowledge to advocate for your rights.
Whether it’s negotiating the division of assets or structuring a child custody agreement factoring in potential deployments, we prioritize your best interests and work tirelessly to try and secure the most favorable outcome for you. Trust us to be your steadfast ally in this challenging journey.
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