Military Divorce in Grand Rapids
Are you or your spouse in the military and you need to file a divorce in Michigan and you’re feeling overwhelmed by all the rules? Military divorce cases involve some unique circumstances and rules that don’t apply to civilian divorces. The team at Kraayeveld Family Law has thorough knowledge and experience with these military-specific laws, and we’re eager to help you with your divorce case.
Our lawyers and legal support professionals provide individualized attention and responsive communication throughout your divorce case, so you’ll never feel like you’re alone during this challenging time in your life. We have a one-business-day guarantee on your calls and emails, meaning you’ll never have to wait longer than necessary for answers to your questions and updates on your case.
Don’t try to handle your military divorce alone. Contact Kraayeveld Family Law or call 616-383-2679 today to set up an initial consultation with a Grand Rapids military divorce lawyer. We’ll listen to your story, answer your questions, and help you find the best path forward.
How Is a Military Divorce Different from a Regular Divorce?
The impacts of military service on divorce proceedings are significant. Unlike a civilian divorce, a military divorce involves unique laws and regulations that govern the division of military pensions, healthcare benefits, and other entitlements.
For instance, the Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to treat military retired pay as marital property, subject to division upon divorce. This law does not apply to civilian pensions. The Servicemembers Civil Relief Act (SCRA) also provides certain protections for active-duty military members, such as postponing divorce proceedings if service duties prevent them from responding to petitions or attending court dates.
The jurisdictional rules for filing a military divorce also differ. Service members and their spouses may file their cases in the state where the member is stationed or their state of legal residence, depending on the specific circumstances. These unique factors underscore the importance of working with an experienced military divorce attorney.
Where Would I File for Divorce If I Am in the Military?
If you are an active-duty military member or spouse seeking a divorce, you have several options where to file your case. You can file in the state where you legally reside or maintain a domicile. This is often the state you claimed as your permanent home before you or your spouse joined the military.
Alternatively, you could file in the state where you are currently stationed with the military. In some cases, a service member or their spouse might also be able to file in the state where their spouse resides, even if they are not stationed there. However, these options require meeting state residency requirements, which vary but typically involve living there for a specific period.
Careful consideration of the advantages and disadvantages of each jurisdiction is essential. Divorce laws, property division rules, and child custody regulations can differ significantly across states. An experienced military divorce attorney from Kraayeveld Family Law can guide you through this process and help you make the best decision for your unique situation.
How Is Child Custody Handled in a Military Divorce?
Child custody matters in a military divorce follow similar principles as civilian cases, where the child’s best interests are the primary consideration. However, certain unique factors come into play due to the nature of military service.
For instance, courts account for the potential relocation and deployment of the military parent when determining custody arrangements. They aim to minimize disruptions to the child’s life while ensuring continued contact with both parents.
The SCRA provides protections for active-duty members, preventing permanent custody orders from being issued while they are deployed or unable to attend court proceedings. It also allows for temporary custody transfers to non-deployed parents during a service member’s absence to ensure a child’s well-being without permanently altering an original custody order.
An experienced military divorce lawyer understands these nuances and can advocate for a fair custody arrangement that considers the demands of military service while prioritizing your child’s needs.
What Benefits Does a Civilian Spouse Receive After a Military Divorce?
Civilian spouses can still be entitled to several benefits after divorcing military service members. First, they can claim portions of the service member’s retirement pay if they were married for a significant part of their service time. The courts will decide how much civilian spouses can receive based on factors like the length of the marriage and the service member’s service time.
Civilian spouses can also keep their military health care benefits through TRICARE if they meet certain criteria related to the length of the marriage and the service member’s service time. If a civilian spouse qualifies, they can receive TRICARE coverage for life unless they remarry.
Additionally, civilian spouses can keep their military ID cards and access base facilities like commissaries and exchanges if they meet specific requirements based on marriage duration and service years. Some ex-spouses also receive survivor benefits, ensuring they continue to receive a portion of their ex’s retirement pay if the service member dies.
What Is the Uniformed Services Former Spouses’ Protection Act?
The USFSPA is a federal law that protects the rights of military members’ ex-spouses. This law allows state courts to treat military retirement pay as marital property in a divorce. This means civilian spouses can receive a share of their ex-spouses’ retirement benefits, just like any other marital asset in a divorce.
The USFSPA defines who qualifies for these benefits and what requirements they must meet, ensuring fair treatment for military ex-spouses across all states. The law also outlines how civilian spouses receive their share of the retirement pay. In some cases, the Defense Finance and Accounting Service (DFAS) will pay civilian spouses’ portions directly, so they don’t have to rely on their exes to send the money.
How Can the Servicemembers Civil Relief Act (SCRA) Help Me?
The SCRA offers essential protections for service members who face divorce cases while serving in the military. This law lets you focus on your duties without worrying about legal matters back home.
If your spouse files for divorce while you’re on active duty, the SCRA allows you to delay the proceedings. You can request a stay (pause) in the case while you are away, which gives you time to arrange leave, find a lawyer, and prepare your response.
The SCRA also protects you from default judgments, meaning the court can’t make decisions without your input just because you can’t respond to divorce papers due to your service. This prevents your spouse from getting everything they ask for just because you’re not there to object.
How Is Property Divided During a Military Divorce?
Courts divide property in a military divorce much like in civilian divorces. They first determine what counts as marital property, which are assets you and your spouse acquired during the marriage. This can include houses, cars, bank accounts, and even military benefits like retirement pay.
Courts split marital property fairly based on the laws of the state in which you file. For instance, Michigan is an equitable distribution state, which means both spouses are generally entitled to roughly half of the marital property, if that leaves them in essentially equal positions after the divorce. The law assumes both spouses contributed equally to the marriage, regardless of who earned more.
However, Michigan judges can stray from this rule in special cases. For example, suppose a civilian spouse supported their partner’s military career by managing the home front and now has fewer job prospects as a result. In that case, the court might award them more than half the property to ensure their financial stability.
Separate property, which is anything you owned before marriage or received as a personal gift, usually stays with you.
What Are the 10/10, 20/20/20, and 20/20/15 Rules for Military Retirement?
The military uses three key rules to determine whether ex-spouses can keep certain benefits after a divorce. These rules consider how long you were married and how long your ex served.
The 10/10 Rule
This applies to retirement pay. If you were married for at least 10 years while your ex was in the military for 10 years or more, you are entitled to receive a portion of their retirement pay directly from the government.
The 20/20/20 Rule
This offers the most benefits. You qualify if you were married 20 years or longer, your ex served for 20 years or more, and these two periods overlapped by at least 20 years. This rule lets you keep TRICARE health insurance, your military ID card, and access to base facilities like the commissary.
The 20/20/15 Rule
This is similar to the 20/20/20 rule but with a shorter overlap. If you hit the 20-year marks for marriage and service, but they only overlapped for 15 to 19 years, you can still get TRICARE coverage for up to one year after your divorce.
Can a Divorce Proceeding Be Put on Hold During Active Duty?
Yes. The SCRA allows you to put your divorce proceeding on hold if you’re on active duty. If your spouse files for divorce while you’re on active duty, you can request a stay, which means asking the court to pause the case. The court must grant you a stay of at least 90 days if you show that your service affects your ability to participate in the divorce.
In some situations, you can even ask for more time. If you still can’t respond after 90 days, you can request another 90-day extension, and the court will decide whether your circumstances warrant more time.
What Are Other Military Rules and Situations Regarding Divorce?
The military has several other rules that affect divorce situations. For example, service members must support their dependents even without a court order. Each branch sets its own support amounts based on rank and number of dependents. If you don’t pay, you could face military discipline.
Another rule involves BAH (Basic Allowance for Housing). If you’re separated but not divorced, you might still get BAH at the “with dependents” rate, even if your spouse doesn’t live with you. However, this can change after divorce. It’s best to work with a knowledgeable military divorce attorney to determine the specific military regulations and state laws that apply to your unique situation.
Contact Our Grand Rapids, Michigan, Military Divorce Attorneys Today
Military divorce laws are complex and can greatly impact your future, but you don’t have to figure them out alone. At Kraayeveld Family Law, we’ve handled many Michigan military divorce cases and understand how state and federal laws intersect. We will explain your rights, fight for your fair share of benefits, and help you make intelligent decisions.
Take your first step toward a stable future. Contact us online or call 616-383-2679 today to set up an initial consultation with a Grand Rapids military divorce attorney.