Military Divorce

Professional Military Divorce Lawyer near Columbus, Ohio

Divorces are complicated and messy affairs, even when both of the parties are civilians. It can become much more complicated with one or both parties are active or retired military servicemembers.

Each branch of the military has its own rules and regulations when it comes to the financial responsibility a person has to a spouse and children. Furthermore, when children are involved, special care must be taken to ensure the best interests of the children are met.

With the unpredictable schedule and frequent moves of a military servicemember, it’s important that co-parenting guidelines are set during custody decisions in a military divorce.

If you, your spouse, or both are an active or retired military servicemember, it’s important to have a Columbus military divorce attorney on your side to ensure that you receive the best possible outcome out of your divorce or dissolution.

Military families face different issues, so hiring an experienced military divorce lawyer in Worthington, Ohio like The Obenour Legal Group to guide you through proceedings and disputes will be beneficial to your interests.

What You May Encounter in a Military Divorce

One of the important aspects of a military divorce that spouses encounter is the continuation of benefits for the civilian spouse.

For the civilian spouse, there are protections available under the Uniformed Services Former Spouse Protection Act that allows the un-remarried spouse to continue receiving medical, commissary, exchange or theater benefits with the Morale, Welfare and Recreation program. But they must meet the 20/20/20 rule, which is:

  • The former spouse was married to the military member for at least 20 years at the time of the divorce, dissolution or annulment.
  • The military member has performed at least 20 years of service that is creditable in determining eligibility for retired pay (the member does not have to be retired from active duty).
  • The former spouse was married to the member during at least 20 years of the member’s retirement-creditable service.

An experienced Columbus military divorce attorney will be able to help you determine if you or your spouse is eligible to receive these benefits under USFSPA.

Former uniformed servicemember spouses may also continue to receive medical coverage with TRICARE (but not benefits under the aforementioned USFSPA), as long as they meet the 20/20/15 rule, which is:

  • The service member performed at least 20 years of creditable service.
  • The marriage lasted at least 20 years.
  • The period of the marriage overlapped the period of service by at least 15 years.

It’s crucial that you have a knowledgeable and experienced Columbus military divorce attorney to help you navigate spousal protection rights and benefit coverage when beginning a military divorce.

There are other regulations that protect servicemembers during divorce court proceedings. The Servicemembers Civil Relief Act protects servicemembers by granting a postponement of proceedings or civil court dates while the uniformed member is serving and unavailable to appear and protecting them during default judgments or rulings based on their failure to appear due to service in the military.

Contact a Military Divorce Lawyer in Worthington, Ohio

For families in which one or both spouses are an active servicemember in the military, divorce proceedings can be severely affected. If you are filing for a divorce or marriage dissolution, contact the experienced and compassionate Columbus military divorce lawyer with The Obenour Legal Group. Our legal team can help you navigate the complicated and difficult legal fields of divorce and civil courts. The military divorce lawyer in Worthington, Ohio at our firm is ready to hear your story, so contact our family law attorney today for a free half-hour consultation.

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