by Empower Your Military Divorce Journey
Going through a divorce is never easy, but when your spouse is in the military, the challenges can feel overwhelming. From understanding benefits to protecting your retirement, the stakes are high. Divorcing a service member may affect your benefits, but you can take steps to protect yourself. A military divorce lawyer will explain the rules, protect your assets, and find the best options for your children. They will also handle communication with the judge and the other party to ensure your rights are protected.
7 Ways a Maryland Military Divorce Lawyer Can Help You
1. Understand Your Rights and Protections Under Military Divorce Rules
Divorce laws can be complicated, especially when one spouse is in the military. In military divorces, federal rules decide how to divide retirement and other benefits. The benefits for a civilian spouse depend on the length of the marriage. They also depend on the service member’s active duty time and how these periods overlap.
The Uniformed Services Former Spouses’ Protection Act (USFSPA) plays a crucial role in military divorces. This federal law allows state courts to treat military retirement pay as marital property, which can be divided during divorce proceedings. To qualify for direct payments of retirement benefits, the marriage must last at least 10 years while the service member is on active duty.
If the marriage meets this requirement, the civilian spouse may get part of the service member’s retirement pay. This amount is based on the years of marriage that overlapped with active duty service.
You will get full benefits only if the marriage lasts 20 years, with 20 of those years overlapping with active service. Besides dividing assets, you’ll also need to address child custody. A skilled military divorce lawyer will help you understand all the laws and ensure you receive what you’re entitled to.
2. Safeguard Your Military Retirement and Protect Your Assets
Dividing assets is often one of the toughest parts of a divorce. If you live in military housing, your civilian spouse may lose the right to stay on base after the divorce. They will also likely lose healthcare coverage under the service member’s plan unless the marriage lasted 20 years during military service. This can make an already complicated situation even harder and may require creative solutions.
Your attorney will help you review all your assets and debts to identify what matters most to you. Since the cost of divorce increases with more contested items, they may suggest focusing on what you value most. This way, you can get what you really need without racking up high fees.
A military divorce lawyer can help you create a plan to protect your military retirement. They can suggest giving your spouse something of similar value in exchange for their interest in your retirement.
3. Receive Expert Guidance to Navigate the Complex Divorce Process
Difficult situations can come up during your divorce. If the service member is still in the military.
They might be stationed elsewhere or busy with work while the divorce is happening. Meanwhile, the civilian spouse might lose their home. They will need help finding a new house or apartment before the divorce is final.
By working with a competent military divorce lawyer, local to Maryland, you can more easily navigate this stressful process. They will continuously alert you to important upcoming events so you can be fully prepared for what’s coming. As a result, you won’t risk missing important deadlines or making costly mistakes.
Experienced military divorce attorneys can apply pressure on the other party. They can do this directly or through the service member’s command structure if the spouse is not meeting their obligations.
4. Experience Strong Communication for Continuous Support
Every lawyer needs strong communication skills to succeed. They must negotiate effectively, present your case well, and keep you informed throughout the process. An experienced military divorce lawyer will answer your questions promptly and communicate with respect and compassion.
Fortunately, you can easily determine if a lawyer excels at communication by observing how they handle your initial interactions with their firm. Does the firm get back to you immediately, and are all employees courteous on the phone? If so, you can attend a consultation to learn more and figure out how effective the attorney is in person.
A lawyer who is able to explain complex concepts to you in a simple way is likely a great communicator. Additionally, you can learn much about a commander or the owner of a firm by how the attorneys and employees in the organization treat you.
5. Stay Calm and Focused with Emotional Support During Your Divorce
Military divorce can be very stressful, especially if you worry about losing everything. It can feel even harder when children are involved. You’ll need as much support as possible to stay calm during this process. By hiring a skilled military divorce lawyer, you can greatly reduce your stress, knowing you’re in good hands.
The attorney can help you prepare for every negotiation or hearing so you know what to say and how to act. This way, you’ll always feel ready and won’t have to worry about making mistakes. If you have questions or feel anxious, they can talk to you about your situation. They will explain the likely outcomes and the factors that affect them.
We encourage you to visit our website for a variety of articles that can answer many of your questions that are not covered in this article. These resources are free for you and the entire community, whether or not you choose to work with us!
6. Create a Custody Agreement That Prioritizes Your Children’s Best Interests
Divorces involving children can be just as complex, if not more so, than military divorces. The judge will always put the children’s best interests first. You need to show that you are a responsible parent who can care for them.
To help with this, consider hiring a lawyer experienced in military custody agreements. They know that the service member’s spouse may be in another state or even another country. This can make things more complicated.
We have created many detailed visitation and custody agreements for service members and their children. While we can’t cover every situation, we help protect you from common issues related to duty changes and deployments.
Even with their job demands, military employees deserve to see their children. We will work together to create a good agreement. In every case, your attorney will attempt to find the optimal solution for the children. This often means shared custody, which allows them to grow up while maintaining a relationship with both parents.
7. Stay Informed About Legal Developments Impacting Your Case
Federal and military laws change often and can impact your case. Experienced military divorce lawyers have a broad network and stay updated on these changes. They are always informed about new rules and amendments.
They stay updated through professional groups and continuous learning. This means they’re always aware of any changes. When you work with them, you don’t need to worry about new laws. They use the latest information for your case.
Get The Help You Need in Your Military Divorce
When divorcing a member of the military, it’s crucial to have compassionate support and expert guidance every step of the way. At Divorce With a Plan, we understand the special challenges of military divorces, especially for your children. Our skilled military divorce lawyers in Maryland offer consultations to guide you through this tough time. With us, you can protect your rights and your children’s, both financially and emotionally.
Don’t navigate this challenging process alone. Schedule your consultation today to discuss how we can protect your rights and secure your future. Call us at (240) 269-3592 to get started.