Military Divorce Lawyers in South Jordan, UT

Giving You the Representation You Need for Military Divorce in South Jordan, UT

Members of the US Armed Forces occupy a special place in American society. They represent the first line of defense against threats to our great nation. The men and women of the US military give their all to ensure the people of America can rest easily at night, knowing our best and brightest are protecting them. Beneath the uniform, service members are still people. This means they still get married, start families, and have their own private lives. 

Just like any civilian, members of the armed forces sometimes get divorced. Because of the unique circumstances, military divorces are different from civilian divorces. There are unique considerations involving benefits, child custody, alimony, child support, and more. This means that if you or a loved one are a member of the US armed forces and going through a divorce, it’s vital to consult an experienced military divorce attorney. A military divorce attorney understands the many complexities involved in a divorce involving a member of the US armed forces and can help navigate a potentially intimidating and difficult situation. 

How is Military Divorce Different than Civilian Divorce in Utah?

When two civilian spouses get a divorce, the court proceedings are dictated by the laws of the state where the divorce is filed. This must be a state where one of the spouses has had residency for a specific period of time. This is not necessarily the case when a divorce involves a member of the armed forces. Where a divorce is filed varies if one or both spouses are in the armed forces. Divorce may be filed in:

• The State Where the Service Member is Currently Stationed
• The State Where the Civilian Spouse Claims Legal Residency
• The State where the Service Member Claims Legal Residency

If a military spouse is stationed overseas, it may be best to file for divorce in the state where one of the spouses currently has legal residency. This is because divorces conducted overseas may present certain obstacles for spouses returning to the United States. 

Regardless of where a divorce is filed, military divorce is not governed by state laws. The Uniformed Services Former Spouses Protection Act (USFSP) governs the military divorce process. This law governs how benefits are handled in the event of a military divorce. It is one of the biggest factors differentiating a civilian divorce from a military divorce. 

What is the Uniformed Services Former Spouses Protection Act?

The USFSP is a federal law that outlines what responsibilities a service member has to a civilian spouse in the event of a divorce. Benefits and responsibilities dictated by the USFSP include but are not necessarily limited to:

Retired Pay

A civilian spouse may be awarded a portion of the military spouse’s retired pay in a divorce. This must be done through a court order. The amount of retired pay awarded to the civilian spouse will vary according to multiple factors and is usually at the discretion of a judge. 

Benefits

What benefits a former spouse and any children will keep following a divorce will vary depending on the circumstances of the marriage. Unmarried children up to age twenty-one, including legally adopted stepchildren, may keep their Tricare benefits after a divorce. Stepchildren who were not legally adopted will lose their Tricare benefits. 

A spouse may keep their benefits if they meet certain requirements outlined under the 20/20/20 and 20/20/15 Rules. A spouse may keep full benefits under the 20/20/20 rule if:

• The Parties Were Married for 20 Years or More
• The Military Spouse Performed at least 20 years of Service
• There was a 20-year overlap of Marriage and Military Service 

A spouse may receive limited benefits under the 20/20/15 rule, which carries the same stipulations as the 20/20/20 rule, except only 15 years of overlap are required. Any benefits the civilian spouse receives may be terminated if the spouse remarries. 

If the remarried spouse’s new marriage ends in divorce or death, they may be eligible for reinstated benefits. Depending on the circumstances of the marriage, civilian spouses may be eligible for transitional medical benefits. 

Child Support

Each branch of the US Armed Forces have different guidelines for how child support is handled. Calculating child support will vary depending on the armed forces branch the military spouse served in, who becomes the custodial parent, and the unique circumstances of each divorce case. Every military branch requires its members to be financially responsible for their children, regardless of military status.

Alimony

In a military divorce, alimony is called spousal maintenance. The amount of spousal maintenance a military spouse may have to pay a non military spouse will vary according to multiple factors, similar to a civilian divorce. 

Garnishment

If a military spouse fails to pay alimony or child support, the military may garnish their wages. Certain pay is exempt from being considered for purposes of alimony and wage garnishment, including VA benefits, disability pay, and combat-related special compensation. 

How is Child Custody Handled in Military Divorces in Utah?

Child custody is handled similarly in a military divorce to how it is handled in a civilian divorce. The court will assess what custody arrangement is in the child’s best interests. This may include joint custody or one spouse becoming the custodial parent. 

Even if the active duty member may be deployed, they may still receive custody. This can include the deployed parent receiving sole custody. Active military service does not prohibit an individual from being the custodial parent to a child. Deployed parents have the same parental rights as civilian parents and non-deployed parents. 

What Should I Do if I’m Going Through a Military Divorce in Utah?

Divorce is often difficult. It can be even more difficult to go through a military divorce. There are multiple different factors at play that many people are unaware of. Even individuals who may have gone through a divorce in the past will often find the process of a military divorce complex and potentially intimidating. This is why it’s vital for anyone going through a military divorce to seek an experienced military divorce lawyer. If you or a loved one are going through a divorce and you or your spouse are a service member, you should immediately contact RCG Law Group, located at 489 S Jordan Pkwy Suite 255, South Jordan, UT 84095.

The attorneys of RCG Law Group are well-versed in military divorce law. They know what benefits may or may not be available, how to negotiate custody and alimony, and other important factors that need to be considered. The attorneys of RCG Law Group have the utmost respect for the men and women of the US armed forces and know a divorce is always a difficult experience. They can help make sure the divorce process goes as smoothly and quickly as possible and handle any difficult legal issues that may arise as part of the process.

Divorce is never easy. A military divorce can be especially difficult. With the attorneys of RCG Law Group on your side, it doesn’t have to be. If you or a loved one are currently going through a divorce and one or both parties are military service members, don’t hesitate to call RCG Law Group at 385-503-3663 or email them for a consultation.