How Is Military Divorce Different?

Military divorce is a very different process from civilian divorce. It is decided not in military court, but in state courts. Not all Maryland family law attorneys are experienced in military divorce. Families with a spouse in uniform contemplating divorce should seek out attorneys who understand these differences in military divorces and have vast experience and knowledge about these cases.

At Reinstein, Glackin, & Herriott, LLC, in Bowie and Rockville, Maryland, we serve military personnel and their spouses at Joint Base Andrews, Fort Meade, Naval Surface Warfare Center (Indian Head Division), Walter Reed National Military Medical Center, United States Naval Academy, Joint Base Anacostia-Bolling, Patuxent River Naval Air Station and Aberdeen Proving Ground. We understand the challenges of dividing military pensions and benefits and the necessity to keep divorce from affecting one's career or security clearance.

Understanding Retirement Pay And Military Pensions

The Uniformed Services Former Spouse Protection Act, or USFSPA, is the federal law governing the division of military pensions.The question of which state can divide a military pension is complex and requires the assistance of an attorney experienced in this area.

Our firm can answer your questions about the division of your pension and also explain recent changes to military retirement plans that can impact divorce negotiations.

Understanding Retirement Pay And Military Pensions

The Uniformed Services Former Spouse Protection Act, or USFSPA, is the federal law governing the division of military pensions. This law stipulates that only the state where the military member lives has the power to divide the military pension in a divorce. This means that if you choose the wrong state to file for divorce in, the court may not have the authority to divide the pension. You must choose your filing state with care.

Our firm can answer your questions about the division of your pension and also explain recent changes to military retirement plans that can impact divorce negotiations.

About The Servicemembers Civil Relief Act

Typically, when one spouse informs the other of impending divorce, the other spouse must respond within a set period of days. This schedule may have to be set aside if the service member is on active duty. The Servicemembers Civil Relief Act (SCRA) allows the service member to slow down the proceedings for 90 days or longer. The idea behind the law is that duty comes first, and personal matters sometimes must wait. A servicemember should seek the assistance of an attorney experienced in this area before filing anything with the court, as they may waive important rights.

Child Support Amounts Differ For Military Members

Service members are required by law to provide adequate child support for their children. Every branch of the armed forces (except the Air Force) has its own rules on how much must be paid. However, the entry of a state court order of support supersedes these military instructions.

Reinstein, Glackin & Herriott — A Highly Regarded Firm For Military Divorce

Call our lawyers in Bowie or Rockville, Maryland, at 301-850-7349 or toll-free number at 800-237-3137. Or, if you prefer, send an email. We are ready to help you move on to a better future.