Fulton, MD Military Divorce Lawyer

Fulton, MD Military Divorce Attorney

Members of our Armed Forces have special considerations to make when going through a divorce. By working with a family law lawyer in Fulton, you can ensure that your attorney understands your unique needs and is equipped to handle the specific challenges of military life. Dividing retirement pay and settling child custody disputes requires the services of an experienced divorce attorney in Fulton, who understands the complexities of military service and can help protect your rights and interests throughout the process.

Handling military divorces requires a unique understanding of both family law and military regulations. At The Law Offices of Todd K. Mohink, PA, our Fulton military divorce lawyers have the expertise to guide you through the complexities of this process, ensuring that your rights are fully protected. Whether it involves the division of military pensions or child custody issues, we are here to provide the focused attention and legal skill necessary. Contact us today to schedule a consultation and secure the support you deserve.

Special Considerations for a Military Divorce in Fulton

From the court’s perspective, military couples must complete the same requirements as any civilian. Any couple with at least one active military member will have to divide the marital estate in an equitable manner.

Child custody rights and visitation schedules will have to be agreed upon by both parties before a judge will sign the final divorce decree. When both spouses can agree on important child-rearing matters, the courts will honor those agreements as long as they serve the interests of the children.

Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), a former spouse may be eligible to receive up to 50% of a military member’s retirement pay. The Uniformed Services Former Spouses’ Protection Act allows state courts to consider military retirement pay as divisible property in divorce proceedings.

The exact amount awarded can vary based on the court’s decision and the specifics of the divorce agreement​. Military couples may also have unique considerations when it comes to medical benefits and commissary privileges.

Access to these benefits after divorce depends on factors similar to retirement benefits. Children of military members may still be eligible for medical benefits even if the former spouse loses eligibility.

Active members of the military also have the right to stay divorce and child custody proceedings while they are deployed. Child custody matters require careful consideration when members of the military are involved.

Any member of the military can be deployed or reassigned with short notice, and it is common for members of the military to move to several or more military bases during their career. Any child visitation schedule must account for the complexities of military life.

Not every family law attorney in Maryland understands the unique demands of military life and how they could impact the terms of a divorce decree. That’s why working with a Fulton child custody law expert who specializes in military divorces is essential. Such an expert can help ensure that child custody and visitation schedules are designed to accommodate the unpredictable nature of military service, keeping the best interests of the child in mind.

Why Having Legal Representation for Military Spouses Is Crucial

If you are an active member of the military in Fulton, MD, you need legal representation who understands your unique needs. From retirement benefits to child custody issues, not every family law attorney fully understands military life and the federal laws that can apply to the military personnel during a divorce.

Your spouse cannot hold divorce proceedings while you are deployed or away on official duties. The Servicemembers Civil Relief Act affords special protections for members of the military that allow them to stay any family court proceedings until the military member is able to attend court hearings in person.

If you do not have legal representation who truly understands your unique rights, you could lose important assets and property or access to your children. A family law attorney who understands the unique responsibilities of our armed forces can work to protect your rights in court.

You will still be required to divide your marital assets equitably, but a family law attorney can take steps to ensure your spouse does not receive more than she is entitled to under the law.

FAQs About Fulton, MD Military Divorce Law

What Is a Military Spouse Entitled to in a Divorce?

The military spouse is entitled to an equitable share of the marital estate. An equitable share could be slightly more or less than 50%, depending on what a judge ultimately finds to be the most fair to both parties.

There are unique considerations for members of the military. For example, the Uniformed Services Former Spouses’ Protection Act may entitle your former spouse to up to 50% of your military retirement pay if you are an active member of the military or a veteran.

What Is the Uniformed Services Former Spouses’ Protection Act?

The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows former spouses to potentially receive up to half of a military member’s retirement. The USFSPA enables state courts to treat military retirement pay as a divisible asset during divorce proceedings.

The actual amount awarded, however, depends on the specifics of the court’s decision and the details of the divorce agreement.

How Is Child Custody Visitation Determined for Military Personnel?

Members of the military are often required to move on short notice. This creates unique challenges that must be accounted for in the parenting plan.

A family law attorney who has represented members of the military can account for the unique demands and responsibilities of members of the military when drafting visitation schedules for the children of a divorcing military couple.

How Much Does a Divorce Lawyer Cost in Maryland?

The cost of a divorce lawyer in Maryland depends on the hourly fee of the attorney and the resources and time it takes for them to settle your divorce. Low-conflict divorces often require fewer hours on the part of an attorney. Unfortunately, it is not always easy to predict how a divorce will go. Seemingly agreeable couples can find areas of disagreement once the divorce process starts.

Can My Ex-Wife Claim My Military Pension Years After Divorce?

Your ex-wife cannot claim all of your pension, but they may be entitled to upward of 50% of your military retirement. The courts will consider factors like how long you were married when interpreting the Uniformed Services Former Spouses’ Protection Act. Having legal representation can prevent your ex from taking more than is lawfully theirs.

Schedule Your Military Divorce Consultation Today

Members of our military make great sacrifices when serving our country. They also deserve to have their rights protected even as they protect our rights here and abroad. The legal team at Law Offices of Todd K. Mohink, PA, understands the unique needs of military spouses.

Whether you need an attorney because your spouse is attempting to initiate divorce proceedings while you are deployed or want a lawyer who can protect your parental rights, we’re here to help. To learn more or to schedule your free consultation, contact us online.