Understanding Everything Involved with Military Divorce
Colonel Paul McConnell, USMCR (ret.) is a former military JAG officer and is very knowledgeable in the many nuances, laws, and regulations pertaining to divorces for servicemembers (and their spouses). Military divorces can be a complex and emotional process for military spouses and members of the military alike. It is important to seek the guidance of a knowledgeable Connecticut military divorce lawyer who can provide legal representation and support throughout the proceedings.
One of the most important issues in military divorce is the division of retirement benefits. Military service members and their spouses are entitled to a portion of the retirement benefits earned during the marriage. A military divorce attorney can help you understand how military pensions work in a military divorce.
We're Here for You — Start Your Military Divorce Journey with Confidence
While regular divorce already presents a series of complications, a military divorce can be even more complex. Some special rules and requirements apply to U.S. service members and their spouses when they divorce. These differences may affect matters of compliance, service of process, residency or filing requirements, and division of military pensions. If you are an active duty military personnel or are married to one, filing for divorce can be difficult and overwhelming without the help of an experienced attorney.
At Connecticut Family Law Group, we understand the unique challenges that military families face and are dedicated to providing the best possible legal services to our clients. We can also provide legal assistance with child support and separation agreements. Our Connecticut family law attorneys can help you navigate the often-complicated process of determining child support and custody arrangements. We understand that every family is unique and will work with you to create a plan that works for your specific situation.
| Factors in Military Divorce | Details |
| Jurisdiction | Before any court can grant a divorce, it must have “jurisdiction” or the authority to hear the case. For military personnel, jurisdiction may be the place where the person holds legal residence, even if the service member is stationed somewhere else. |
| Service of Process | Military members and their spouses have three choices when it comes to which state to file for divorce: 1. State where the spouse filing resides. 2. State where the military member is stationed. 3. State where the military member claims legal residency. |
| Residency | States often reduce or eliminate the residency requirement for military divorces. Several states will allow military members or spouses to file for divorce in the state where the military member is stationed, despite whether the military member or spouse resides there. |
| Military Pensions | Military pensions are subject to division between spouses in the event of divorce. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), state courts may treat military retirement pay as either sole or community property, depending on the state. |
Divorce Attorney Paul McConnell Explains Jurisdiction for Military Divorce
Before any court can grant a divorce to military members or spouses, it must have “jurisdiction” or the authority to hear the case. For civilians, jurisdiction is generally the place where the person lives. However, for military personnel, jurisdiction may be the place where the person holds legal residence, even if the service member is stationed somewhere else. As discussed below, there are exceptions to this general requirement.
Service of the Divorce Process
Many states allow a military member or their spouse to file for divorce in the state the military member is stationed. It would not matter if neither spouse is a legal resident of the state. Generally speaking, military members and their spouses have three choices when it comes to which state to file for divorce:
- State where the spouse filing resides.
- State where the military member is stationed.
- State where the military member claims legal residency.
The grounds for divorce, property distribution, child custody, and child support issues are governed by the laws of the state where the divorce petition is filed. Military members would be wise to contact a qualified divorce lawyer in the state they wish to file for divorce.
Service members also have legal timing protections from divorce proceedings that differ from civilians. Under the Servicemembers Civil Relief Act, military members are protected from lawsuits, including divorce proceedings, so they can “devote their entire energy to the defense needs of the Nation.” A court can delay legal proceedings for the time the service member is on active duty and for up to 60 days following active duty.
If you are a military spouse or member of the military going through a divorce, it is important to have the right legal representation on your side. At Connecticut Family Law Group, we offer live chat and additional information about our legal services to help you learn more about the process and get the support you need. Contact our law office today to schedule a consultation with one of our experienced military divorce lawyers.
Are you in need of professional legal help?
Don't hesitate to contact McConnell Family Law. We have helped many people in the same situations that you may be in. We take every individual circumstance very seriously and promise to contact you very quickly. We understand that no two cases are the same. We have offices in Hartford, New Haven, and Fairfield Counties as well as have the ability to schedule one on one consultations in our satellite offices.
Call Now (203) 344-7762Residency Requirements for Military Divorce
Connecticut follows a two-step process to establish residency for military divorce cases. The first step involves meeting the general residency requirements of the state, and the second step focuses on accommodating the specific circumstances of military service.
To satisfy the general residency requirements for divorce in Connecticut, either spouse must have been a resident of the state for at least twelve months before filing for divorce. However, this requirement can be modified for military couples under the provisions of the federal Servicemembers Civil Relief Act (SCRA). It is noteworthy that a servicemember whose “home of record” is Connecticut may pursue a divorce in Connecticut even if both parties reside out-of-state; however, there still may be jurisdictional issues related to child custody and/or real property.
Under the SCRA, if a service member is stationed in Connecticut or has a legal residence in the state (“home of record”), they are considered a resident for divorce purposes regardless of the duration of their stay. This provision recognizes that military members often do not have control over their assignment locations and may not have the opportunity to establish long-term residency in a particular state.
Additionally, the SCRA grants military members the ability to delay divorce proceedings while on active duty for 90 days (possibly longer). This provision ensures that service members are not disadvantaged in divorce cases due to their military obligations. The allowance is highly fact specific and many times additional documentation from a commander is required.
It's important to note that even though the SCRA provides certain protections and exemptions, including modified residency requirements, compliance with Connecticut's specific divorce procedures and laws is still necessary. Consulting with a knowledgeable family law attorney experienced in military divorces is essential to ensure that all requirements are met and that the divorce process proceeds smoothly.
Military Pensions and Benefits
Like civilian retirement benefits, military pensions are subject to division between spouses in the event of divorce. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), state courts may treat military retirement pay as either sole or community property, depending on the state. While the USFSPA does not provide a formula for dividing the amount of retired pay, the amount is generally determined and awarded under specific state laws.
The amount you are entitled to after the divorce depends on how many years your spouse was in the service, the number of years you were married, and how many years of marriage overlap your spouse’s service.
The 20/20/20 rule for military divorce: If you have been married for at least 20 years, your spouse has been in the military for at least 20 years, and your 20 years of marriage overlap 20 years of your spouse’s service, then you are entitled to the same full benefits as your spouse, such as medical, commissary, base exchange, and theater.
Further, payment of the former spouse’s share of military retirement is paid directly by the Defense Finance and Accounting Service (DFAS) to the former spouse if there were at least ten years of marriage that overlapped with ten years of military service (known as the ten-year rule).
Regardless of the length of the marriage, however, a court may still authorize direct payment to a military spouse who has been married for less than ten years as an offset, except payment would come from the retiring spouse rather than from the DFAS.
To better understand how a military divorce works, it is best to speak with a skilled attorney. An experienced lawyer may be able to assist you through the process of divorce and help keep the best interests of your family. Contact Connecticut Family Law Group today to learn more.
Active Duty
Being a member of the military affords you legal protection against unjust treatment due to deployment, such as exemption from court appearances or divorce proceedings. Nonetheless, it's crucial to bear in mind that you must still adhere to the regulations of your home state.
In the event of divorce proceedings during active duty, the Servicemembers' Civil Relief Act (SCRA) 50 USC Section 521 and local Connecticut courts can delay the proceedings until you return. This law ensures that you are not divorced without your knowledge, as you may not receive the necessary papers while on active duty.
Furthermore, the division of military retirement benefits during a divorce is governed by the Uniformed Services Former Spouses' Protection Act (USFSPA) that overrides state laws. While in some circumstances the USFSPA permits direct payments from DFAS to former spouses of military personnel, regular property laws in Connecticut will apply to property division.
Getting the Skilled Legal Advice of an Experienced Connecticut Divorce Lawyer
At The Connecticut Family Law Group, we have years of combined experience handling military divorces for members of the military as well as those married to one. Two of our attorneys and one of our paralegals are each former members of the military and have extensive experience handling military divorces. Our military divorce attorneys are knowledgeable in the rules regarding military divorce, and we can confidently advocate your rights and the best interests of your family.
Our military divorce lawyers can help you and your family navigate the complexities of a military divorce from start to finish. Call our office at (203) 541-5520 now to schedule your consultation about your divorce.