Members of the United States Armed Forces often face unique challenges when compared to civilians. Perhaps one of the hardest challenges is the military divorce process. If you’re currently serving our country, know the attorneys at Schneider Law Firm are here to support you each step of the way.
The Unique Challenges Involved in a Military Divorce
Military divorce requires a different approach than a civilian divorce. There are several unique challenges you may face as you move forward with divorce, including:
Child custody: When one parent is deployed overseas, determining a child custody and parenting plan can be complicated. Even after determining custody, many military members must relocate often, resulting in the need for custody modifications.
Child support: Child support is critical to the health and wellbeing of your children. Calculating sufficient child support can be complex if you or your spouse is deployed overseas due to tax concerns. Plus, child support payments are calculated using the servicemember’s income, which is often difficult to calculate. Factors such as housing allowance and pay differentials per assignment can change the amount of compensation a military member earns.
Property division: State and federal laws protect both spouses’ access to military retirement benefits in the event of a divorce. This means Texas courts can treat retirement benefits as community or marital property. There are many factors involved in the division such as the length of active-duty service.
Military Members & Divorce Proceedings While Deployed
It’s important to know that the Servicemembers Civil Relief Act protects servicemembers from the strain of divorce while deployed. Under the SCRA, military members have access to an extended “stay” or postponement of civil court. You can request a 90-day postponement of any proceedings, which can help you better prepare for your case.
Whether you’re currently deployed or serving at home, a professional military attorney can help you through your divorce.
Call the Military Divorce Lawyers at Schneider Law Firm
Military divorce requires a unique approach. The experienced military divorce lawyers at Schneider Law Firm are here to support you. To learn more about your divorce, give our Fort Worth office a call at 817-799-1852 or send us a message.
Divorce is a trying time for many, especially those within the United States Armed Forces. Although the divorce process doesn’t change for service members, there are some unique challenges involved.
Special Considerations in a Military Divorce
Every divorce case is different. This is most evident in military divorces. Some of the special considerations that arise during a military divorce include:
Child support calculations: If a parent is deployed overseas, tax issues may arise that directly impact the calculation of child support payments.
Child custody and deployment: Creating a solid and efficient child custody plan becomes challenging when one parent is deployed.
Modifications due to changing circumstances: In the military, change is inevitable. Child custody, alimony, or child support modifications may be required to accommodate new changes such as deployments or relocations.
Another difference lies in your retirement benefits. State and federal laws allow both spouses to access military retirement benefits due to divorce. According to the Uniformed Services Former Spouses’ Protection Act, a court can award up to 50% of a service member’s retirement pay to an ex-spouse.
Of course, the division depends on many factors such as the length of active-duty service. This protection complicates property division in a military divorce.
The Servicemembers Civil Relief Act and Divorce
When one or both spouses are currently deployed, divorce can become a bit tricky or may need to be postponed. The Servicemembers Civil Relief Act protects all active-duty service members while on active duty. The act prevents service members from being taken to court for civil proceedings such as divorce and child support hearings.
The protection begins on the date of entering active duty and ends within 30 to 90 days after discharge.
Call the Military Divorce Attorneys at Schneider Law Firm
As you can see, you must enter a military divorce with care. We recommend reaching out to an experienced military divorce attorney who can guide you through the process. Allow us to support you along the way. To learn more about military divorce or to discuss your case, call our Ft. Worth office at 817-755-1852 or send us a message.