Towson Military Divorce Lawyer
Any divorce case has the potential to become complex, but a military divorce will present unique challenges. Regardless of whether you are currently serving in the military, or you have a spouse who is, you need sound legal advice. Our Towson military divorce lawyer can provide it so you have the best chance of obtaining the fair settlement you deserve.
How Do Military Divorces Differ from Other Types of Divorce Cases?
Members of the military stationed at either the U.S. Naval Academy, Aberdeen Proving Grounds, Fort Meade, or Fort Derrick, are governed by military law. However, the military courts do not grant divorces or resolve any of the issues dissolving a marriage presents. To obtain a military divorce, you must file in the Maryland circuit court that has jurisdiction over your case.
As in any other divorce case, a military divorce will have certain residency requirements that must be met. Still, these requirements can be waived under certain circumstances. In addition to the law outlining the residency requirement, there are other laws specific to military divorces, too.
Service members can postpone a divorce proceeding if they are on active duty, and for up to 60 days afterward under the Servicemembers Civil Relief Act. This allows for an additional 30 days to review the divorce paperwork and respond. Still, members of the military can waive this right if they choose to.
Lastly, service members are not always physically present at their legal residence. As such, military members can generally file for divorce in one of three states. They may choose to file in the state their spouse lives, in the same state as their legal residence, or in the state where they are currently stationed. Civilians must file divorce papers in the same county as their legal residence.
Military Pensions and Divorce
One of the most complicated aspects of any military divorce involves dividing a military pension. Maryland is an equitable distribution state and so, marital property is divided based on what is fair. This means that marital property is not necessarily divided equally.
Military pensions are typically considered marital property, as at least a portion of them are considered marital property. As such, military spouses are often eligible to obtain a portion of the military pension. To have a legal right to any part of a pension, spouses must show that the military member served at least ten years in the military, and that they were married to the service member for at least ten years. Spouses are sometimes entitled to a portion of a military pension in other circumstances, but how they will be paid their portion will vary.
Call Our Military Divorce Lawyer in Towson Today
Military divorces are some of the most complex cases. At Lebovitz Law, our Towson military divorce lawyer can help you overcome the challenges they present so you have the best chance of obtaining a favorable outcome. Call us now at (410) 657-6494 or contact us online to schedule a consultation and to learn more about how we can help.