Divorce involving members of the military creates added legal and logistical complications. When one or both spouses are service members, federal law intersects with Maryland family law in ways that affect everything from filing procedures to the division of benefits.
At Milstein Siegel, we represent both service members and spouses in military divorces. Our team is familiar with the specific rules that apply to these cases and offers legal representation that takes your military status and the realities of military life into account.
How Military Divorce Differs from Civilian Divorce
Military divorces include several issues that don’t usually arise in civilian cases. One of the most common is jurisdiction. In Maryland, at least one spouse must reside in the state for a divorce to be filed. However, when families frequently relocate due to military orders, determining the right place to file can be confusing. We help our clients assess their options and file in the correct court.
Another major factor is the Servicemembers Civil Relief Act (SCRA). This law protects active-duty members from default judgments if they’re unable to respond to a court case because of their service. Courts can also postpone hearings while a service member is deployed.
In addition, the demands of military service, such as unpredictable schedules, assignments abroad, and long-term deployments, can complicate custody planning and court scheduling. Our attorneys are experienced in handling these issues and work to reduce delays and miscommunication.
Military Benefits and Divorce: Protecting Your Rights
Military divorces often involve benefits that can significantly impact your financial future. Federal rules apply to the division of these assets, and they must be addressed correctly in your divorce agreement.
Here are some of the most important benefits to consider:
- Military retirement pay: This can be divided as marital property under Maryland law. A former spouse may be entitled to a portion, depending on the length of the marriage and other factors.
- The 10/10 rule: If the marriage lasted at least 10 years, and the service member completed 10 years of military service during the course of the marriage, retirement payments can be made directly to the former spouse through the Defense Finance and Accounting Service (DFAS).
- Survivor Benefit Plan (SBP): This plan provides continued payments to a former spouse after the service member’s death. During divorce, deciding whether the former spouse will remain the SBP beneficiary is important.
- TRICARE and healthcare coverage: Former spouses may be eligible for continued healthcare depending on how long the marriage overlapped with military service. For example, under the 20/20/20 rule (20 years of marriage, 20 years of service, and 20 years of overlap), a former spouse may continue to receive full benefits.
- Commissary and exchange access: These privileges can also be affected by the duration of the marriage and service.
We help clients evaluate these benefits and prepare legally sound agreements that comply with both state and federal law.
Special Considerations for Active Duty Service Members
Service members often experience obstacles of practicality when going through a divorce, as military life doesn’t always fit neatly into legal schedules. We work with clients to reduce the stress associated with trying to handle legal matters while fulfilling service obligations.
Here are a few of the situations we cover:
- Deployment and parenting schedules: When one parent is deployed or stationed far from home, custody arrangements may require alternative scheduling or communication methods. We help parents propose parenting plans that reflect the realities of military service while still focusing on the child’s well-being.
- Default judgments and legal protections: If you are unable to attend a court hearing because of your military duties, we take steps under the SCRA to protect your rights and prevent legal decisions from being made without your input.
- Remote communication: We offer virtual consultations, flexible appointment times, and secure online document exchange for clients who are overseas or living on base. You don’t need to be physically present to move forward with your case.
Whether you’re stationed at Fort Meade, abroad, or preparing for a transfer, we adapt to your schedule and provide consistent legal support wherever you are.
Contact Milstein Siegel for Military Divorce Representation
Military families often have added legal hurdles when going through a divorce. At Milstein Siegel, we help service members and their spouses sort through these challenges and make informed decisions that protect their futures.
If you’re looking for a family law attorney in Maryland who has experience with military divorce, we’re available to help. We know how federal and state laws interact in these cases, and we offer support that fits the pace and structure of military life.
Call us at (410) 760-9433 to schedule a consultation or visit us at one of our offices in Ellicott City or Laurel. We also offer virtual appointments for deployed clients or those stationed outside the region. Learn more or contact us at milsteinsiegel.com.