Navigating The Challenges Of Military Divorce
In Upper Marlboro, there are about 68,356 people in the military. With a military base close by, the city is home to many military divorces. People often struggle to understand the specific laws governing military divorces.
While no divorce is easy, a military divorce is particularly challenging. There are few lawyers who understand the complexities of military divorce. Failing to work with an experienced military divorce lawyer could hurt your case.
Without the right legal representation, you might end up with an unfair agreement. Changing that agreement is no easy task. Before your divorce goes too far, you should contact The JC Law Group, LLC. We are ready to take on your case.
How Is Military Divorce Different Than Civilian Divorce?
There are several main differences between military divorce and civilian divorce. First, there’s the issue of pension. In a regular divorce, a pension is a marital property. After a divorce, it needs to be divided between the two spouses. A traditional divorce attorney in Prince George’s County should be aware of this.
But there’s one thing a civilian divorce attorney might not realize. With military divorce, there are some specific rules regarding the division of a pension. If a marriage lasted less than 10 years, the spouse who served in the military will receive the pension benefits check. Then, it will be their responsibility to divide the check and give it to the other spouse. For marriages that lasted 10 years or longer, the qualified domestic relations order (QDRO) system distributes the benefits.
Military Child Custody Issues
In a military divorce that occurs in Maryland, the state’s custody laws dictate custody agreements. But members of the military have other challenges. Deployments, temporary duty (TAD) and temporary additional duty (TDY) need to be considered in custody decisions.
Your time away does not mean you won’t get custody. However, it means your agreement must consider how your time away will affect your child. The court will consider what is best for the child, and your deployment could impact that. It’s important to work with one of the military divorce lawyers in Maryland to get a positive outcome.
Getting A Stay
If your spouse requests a divorce when you are on active duty, you don’t need to drop everything to fly back to Maryland. Thanks to the Servicemembers Civil Relief Act (SCRA), you can request a stay of at least 90 days. You may even receive an extra 60 days after you fly into Maryland. To procure a stay, you should speak with a family law attorney in Prince George’s County.
What Strategy Is Right For You?
There are several strategies that you can use to fight for your rights. However, it’s difficult to say which strategy is right for your case.
For instance, some couples can resolve their cases in mediation. You and your spouse may be able to come up with a legal agreement without going to trial. In this case, you make up the agreement and the court signs off on it.
Some divorces need to go to trial. If yours does, the judge will decide on issues like child custody, alimony and asset division.
Speak With A Divorce Lawyer Who Understands Military Life
Military and civilian couples alike must adhere to Maryland laws during a divorce. However, there are more complexities associated with a military divorce. You should work with an attorney who understands the demands of military life and is ready to handle all the legal challenges.
The JC Law Group, LLC, has handled many military divorces. We know what it takes to resolve a divorce and will dedicate our time and resources to getting you results. Contact our law office today online or by telephone at 240-561-9224 to learn more.