Taking On The Complexities Of Military Divorces

Regardless of the industry you work in, divorce is difficult and has a major impact on your daily life. But for members of the military, the end of a marriage carries particular complexities and considerations. My name is Dahann Bowers, and at my firm, Dahann Bowers Law, I have the experience you need when it comes to military divorce law.

Military divorces have unique issues that require an attorney skilled in these types of family law cases. I possess those skills. In my practice, I take on all types of divorces, from simple to highly complex litigation to more cooperative mediation for Escondido residents.

The Experience You Need During Life-Altering Times

I help service members pursuing marital dissolution understand the family law in the state where they reside. I guide my clients through federal statutes, military regulations and the Servicemembers Civil Relief Act (SCRA). My access to military lawyers or judge advocates provides me with insight into legal issues specific to military divorce. Unlike in a traditional divorce, military families face added challenges from being on frequent deployments and long absences, which can impact court proceedings.

I have seen how divorce affects people beyond the complexities of the process. Emotionally charged elements are also at play, particularly when children are involved. Many military children likely have already endured constant moves. When it comes to divorce, your kids may feel even more uncertainty, particularly when they don’t have a say in the status of their parents’ marriage. I can help you develop a child custody agreement in the best interest of your children when the military spouse is deployed out of state or overseas.

How Does Military Divorce Work?

There are a few key things to note about military divorce that are not normally issues in a regular divorce. One question, especially when the military spouse is deployed, is where to file for divorce. The answer is to file in the place where they are legally domiciled, essentially where the spouse is residing and intends to settle.

Another question that frequently arises is how to handle a military pension when assets are divided. This is a complex question, as a state can only have jurisdiction over the pension as an asset if the servicemember is domiciled in that state legally, is there for other nonmilitary reasons or consents to the state’s jurisdiction. The exact rules for how the pension may be divided are determined according to the laws of each state.

One other issue that can be present in a military divorce is if the military spouse is on deployment when the divorce papers are filed. The deployed spouse may seek a temporary stay in court through their attorney to delay the case until they are back from their deployment.

Protecting The Rights Of Nonmilitary Spouses

The time will come when the marital dissolution process eventually ends and divorce becomes a stark reality, particularly when it is finalized. If you are a nonmilitary spouse, moving off base is likely the next step. While expenses for that may be covered in the final divorce decree – including for those residing overseas – the next chapter of your life remains uncertain. I can help you determine the next steps to put you on a path to a better future.

Take Proactive Steps Today

The challenges that come with a military divorce require an attorney with experience in this area of family law. Reach out to my law firm, Dahann Bowers Law, to schedule your initial consultation by calling 951-900-4647 or emailing me here.