Military Divorce Attorney in Michigan

Experienced Family Law Professionals Dedicated to Providing Compassionate Legal Services to Military Families

Divorce and other family law matters, such as child custody, parenting time, alimony, and child support, are all incredibly difficult legal issues regardless of your status as military service members. Not only do these legal matters often evoke difficult emotions, but certain rules and requirements must be adhered to ensure a smooth process and a favorable outcome. If you or the other spouse do not take the proper steps, such as following military rules and regulations, you may encounter various difficulties during the legal proceedings. We strongly encourage all interested parties to seek professional legal representation from experienced attorneys well-versed in these practice areas. This is vital to ensure your legal rights are protected and that you comply with all state and federal laws related to your divorce or other family law case.

Whether you are in the military or are married to an armed forces member, getting a divorce can present unique legal challenges. Our military divorce lawyers have the knowledge and experience in state, federal, and military law you need to guide you through a difficult time.

As your legal representatives, we will defend you and the interests of family members who depend on you throughout the military divorce process, in an effort to ensure that the marriage ends without unforeseen difficulties or pitfalls. Our divorce attorneys are highly knowledgeable about military regulations governing divorce proceedings and can help keep you up to date on developments in your case so you can make informed decisions about how to proceed. Although no legal assistance can eliminate the difficulty of divorce for everyone involved, particularly when children are present, our goal is to lighten the load of your challenging legal matter. We are committed to recognizing and addressing the unique complexities of your specific case throughout the process. We will work side by side with you throughout the entire legal process to help you obtain the court orders you hope for.

To learn more about the many benefits of retaining our professional legal counsel in your military divorce case, please contact our Michigan law firm to schedule your initial consultation with our team today.

How Do Military Divorces Differ from Most Civilian Divorce Legal Proceedings?

Military divorces relate to any dissolution of marriage in which one or both spouses currently serve or have previously served in the United States armed forces. Military divorce cases share similarities with civilian divorces but are distinct due to several key differences. These distinctions include expanded jurisdictional options, specific procedures for active-duty service members, and specialized rules governing the division of military pensions, health benefits, and other marital property.

Michigan military divorce matters follow the same state laws that any other divorce must comply with in our state. Still, additional federal rules may also apply that are not relevant to civilian divorce matters. State courts will still handle the division of assets, joint or sole custody arrangements, and child or spousal support, but federal laws dictate how things must proceed. For example, service members on active duty may request a delay in a divorce judgment if they are prevented from participating in divorce court due to their active duty. Additionally, the courts must follow strict rules before entering any default judgments in Michigan military divorce cases.

There may be jurisdiction issues in military divorces, such as when an active-duty service member is deployed overseas, serving in another state, or claiming legal residency elsewhere. Other factors that can complicate military divorce cases include training schedules, the need to relocate without much notice, complex parenting schedules, and more.

Our law office represents both the service member’s spouse and the civilian spouse in military divorce cases. As your representatives, we will advocate on your behalf both in and out of the courtroom, all while keeping in mind the many unique aspects and complications of military life in your case.

What Are the Requirements for Those Filing for Divorce While Serving in the U.S. Armed Forces?

Members of the U.S. armed forces can file for divorce in the state in which they serve, where they claim legal residency, or where their spouse resides currently. In most cases, unless you voluntarily claim residency in our state, the state where you resided when you first entered military service will likely remain your state of legal residency.

State laws require that at least one spouse have lived in Michigan for at least 180 days before filing for divorce in the state. Additionally, the filing spouse must have resided within the county from which they are filing for at least 10 days. These criteria are often met in different ways in military divorce cases compared to civilian divorce cases.

It’s impossible to proceed with the military divorce process while the military service member’s spouse is deployed elsewhere unless the deployed spouse expressly agrees to participate remotely in the process. The Servicemembers Civil Relief Act can pause court cases involving active-duty military personnel during their deployments. Without this Act, these service members would risk default judgments because of their inability to appear in family court on the judge’s schedule.

How Are Child Custody, Child Support, and Spousal Support Determined in Michigan Military Divorces?

Regardless of whether the parents served in the military, going through a divorce can be incredibly difficult for the children. In such cases, the best interests of the children are paramount when the courts decide matters such as primary custody, child support obligations, and other issues.

In military divorce cases, the court will usually seek to grant both parents joint custody of their children. If, however, there is a clear reason not to award joint custody, the courts will not hesitate to deviate from this norm to protect the children’s well-being. Even if a person is in the military, it does not necessarily prevent them from obtaining sole or full custody of a child, provided they can show that such a custody arrangement would be in the child’s best interest. Courts are not allowed to deny child custody to members of the United States military or armed forces simply because of their active duty status.

Michigan courts make detailed calculations using each spouse’s income, including military pay, to determine child and spousal support Amounts. Determining the proper amount of military child support obligations during a divorce can result in a lot of stress for all parties involved. To ensure the child receives adequate financial support, the courts will operate under various guidelines, but they may deviate from them in certain circumstances. As your lawyers, we will do everything possible to help you reach a child support agreement that meets your needs and addresses the children’s needs.

In some divorce cases, there may be a need to provide financial support to the soon-to-be ex-spouse via alimony or spousal support. The need for this financial assistance to the ex-spouse will be determined based on various factors, including income disparities, personal assets, and other factors. To learn more about spousal support and whether you are entitled to it in your divorce case, please get in touch with our law offices to discuss your questions and concerns.

What is the Importance of a Family Care Plan for Divorcing Parents?

Divorced parents in the military frequently have court-ordered parenting plans in place, which are meant to address various concerns in your co-parenting situation. However, parenting plans may not necessarily reflect all concerns of military life, and it may be necessary to create a military family care plan as well. In fact, some military regulations require such family care plans. The military family care plan is not meant to replace any court-ordered parenting plan, but rather to complement it and take effect when necessary.

Every branch of the military has different rules for situations involving parents on active duty, whether they are currently deployed or could be deployed in the near future. It’s essential to refer to the exact requirements of your military branch to determine the requirements for your family care plan.

Most family care plans typically contain several key pieces of information. These often include emergency contact information, details for potential caregivers, and comprehensive information about the child’s other parent. They also address how the child will be financially supported during the service member’s military deployment, outline transportation plans, and clearly state the service member’s wishes regarding who should care for the children if the service member were to pass away.

Are Military Benefits Subject to Marital Property Division?

Michigan family law courts adhere to an equitable distribution approach to property division, in which marital property is divided fairly, but not necessarily equally, between the divorcing spouses. In many ways, this rule applies to military divorces as well, but there are some differences. For example, the division of military retirement pay is governed by separate federal rules and requirements. Only disposable retirement pay qualifies for property division in Michigan military divorce cases. The portion of a service member’s retirement pay remaining after deductions for VA disability benefits, certain taxes, and other premiums may be considered disposable.

The length of marriage and how it overlaps with active-duty military service can also affect the division of military benefits and a divorce. Defense Finance and Accounting Services rules state that the former spouse may receive their share only if the couple was married for at least a decade. Other rules may also apply.

How Do Divorce Proceedings Unfold Involving Military Personnel Stationed Out of State or Out of the Country?

Obtaining a divorce when one spouse is serving in the military can be a difficult process. Because of their government status, military personnel receive special legal protections, including where they may file for divorce. Whereas civilian spouses can file only in the state where they live, military members may file in their original home state, the state where they are currently stationed, or the state where they live.

Military divorce proceedings can experience significant delays when a spouse’s military service is outside the state or the country. There are also often delays in child custody proceedings, as modifications to an existing custodial arrangement cannot be made when a spouse is deployed. At Bailey & Terranova, we understand the unique challenges military couples face and can handle even the most complex issues should they arise.

What Protections Are Provided by the Servicemembers Civil Relief Act?

The Servicemembers’ Civil Relief Act (SCRA) provides various legal and financial protections for active duty service members, including National Guard members and members of the reserve forces, as well as their family members. The Act can be complex to understand, so it is highly encouraged that you retain professional legal resistance from attorneys well versed in these practice areas.

Among the many protections provided by the SCRA are the following:

Eviction prevention
Postponement of civil court matters
Legal protections against default judgments
Deferment of income taxes
Postponed foreclosures
Reduced interest rates
Voting rights in your home state
Suspension of professional liability insurance
Life insurance coverage protections
Repossessed property protections
Protection for small business owners who are active duty military members
And protections against termination of phone service, automobile leases, and residential lease agreements

What is the Uniformed Services Former Spouses Protection Act?

The Uniformed Services Former Spouses Protection Act (USFSPA) provides avenues for the spouses or former spouses of military members to receive a portion of a service member’s military pay or retirement pay. The Act does not automatically entitle former spouses to a portion of retirement pay; any portion awarded must be obtained through a court order. The USFSPA also provides a framework for child support enforcement and spousal support awarded by the courts.

We Can Address All Concerns

Regardless of your current marital status, our skilled Michigan family law attorneys can help you address your concerns regarding:

Servicemembers’ Civil Relief Act (SMCRA) regarding divorce proceeding default
Dividing pay, benefits, and other property division issues
Spousal benefits limits
Uniformed Services Former Spouse Protection Act (USFSPA)
Domestic violence
Paternity
And more…

Contact Our Law Firm for an In-Depth Case Consultation with Our Michigan Military Divorce Lawyers Today

As a member of the military, is it better to resolve a divorce as soon as possible or wait until a larger share of military retirement pay increases? As a non-military spouse, is it better to push for an end to the marriage immediately and lose certain benefits now, or let the process drag on for a larger share of marital property later? Are investment and retirement funds handled differently for military divorces?

Our comprehensive knowledge of Michigan divorce law and its relationship to federal protections for military spouses helps our clients fully understand their options. We will always provide you with the information you need to make informed legal decisions.

Contact our law firm for dedicated and compassionate legal assistance to learn more about your options in a military divorce. This includes the possibility of having the divorce decree postponed if you are on active duty and deployed. You can reach us at 517-236-7187.