Military Divorce Attorney in Washington, D.C. Strongly Advocating For Servicemen and Their Legal Rights

As an armed forces member, you have unique legal needs uncommon in other divorce proceedings for civilian families. For example, due to being deployed or relocated, it may be difficult to understand how this may affect property division, child custody, and parenting time. Additionally, you may be concerned about how a divorce will affect your military pension.

One of the first steps you need to take if you are going through a divorce or are considering the possibility of ending your marriage is to consult with a military divorce lawyer immediately. One way of empowering yourself is to ensure you have the information you need to make clear and rational decisions.

The Fathers’ Rights Firm is dedicated to helping servicemen through the divorce process and ensuring their rights are protected.

Our law firm can help active-duty members of the following branches of service:

Air Force
Army
Coast Guard
Marines
Navy

Contact our law office and ask to schedule a strategy session with our family law attorney, who has extensive experience with the military divorce process.

What Are the Grounds For Military Divorce in the District of Columbia?

The grounds for a military divorce in the District of Columbia are the same as those filing for a civilian divorce. However, there are only two legal grounds for divorce in D.C. which are:

The parties have mutually agreed and lived separately without cohabitation for 6 months.
The parties lived separately without cohabitation for at least one year when one spouse opposed the separation.

However, military families often move, and men are frequently deployed or absent from home. Therefore, if you are considering a divorce and are a service member, you must understand your rights and those of your civilian spouse.

How is Property Divided in a Military Divorce in the District of Columbia?

In most civilian divorces, one of the main issues spouses focus on is how their marital property will be divided. However, sailors and soldiers frequently move and may have a limited amount of real estate property or other similar assets.

However, one of the most significant issues in a military divorce often involves how a

During a military divorce, courts divide retirement benefits according to the Uniformed Services Former Spouses’ Protection Act (“USFSPA”). Nevertheless, the USFSPA stipulates that a non-military spouse cannot receive a direct payment unless they were married to the serviceman for at least 10 years, during which they were actively engaged in military duty for that same period of time.

Depending on the length of the marriage, the former spouse may also be entitled to other military benefits, including:

Medical benefits
Spousal support
Child support

Additionally, a thrift savings plan may also be divided. However, some benefits will be terminated if the non-military spouse remarries.

How Does Military Service Affect Child Custody?

Another pressing question for servicemen is how a divorce will affect their child custody. Military divorces typically follow state laws when deciding who will obtain legal custody. In most instances, D.C. courts try to award joint legal custody to both parents if it is in the child’s best interest.

Just as in a civilian divorce, if there are issues related to paternity or visitation, they can be addressed by the court. However, a service member often needs to be deployed to or away from home for extended periods.

In these instances, the court may temporarily change the child custody agreement. The temporary changes will only be enforced until the serviceman returns from deployment.

After the deployment, the parent with sole custody of the children may hesitate to return to the original parenting plan. However, D.C. law strictly prohibits this, and the other parent may be found in contempt of a court order if they do not comply.

If you are concerned about your parental rights and ability to return to your original parenting agreement, you need to contact The Father’s Rights Firm and ask to speak with our divorce lawyer, who can advise you of your rights.

How Can the Servicemembers Civil Relief Act (SCRA) Protect My Rights in a Divorce?

The Servicemembers Civil Relief Act (SCRA) was designed to protect military members when called to active duty. This act protects parents’ custody rights but does not apply to criminal or civil cases.

The SCRA allows those in the military to obtain a stay or postpone any court proceedings if their service affects their ability to participate in the case. Service members are entitled to an automatic 90-day stay in court proceedings if they make a request in writing. If the military service exceeds the 90-day stay, the court has the legal discretion of extending the time or proceeding with the case.

If the court proceedings pertain to child custody while the service member is deployed, the SCRA allows them to request that the hearing be postponed until they can return.

Can I Trust The Father’s Rights Firm to Help Me Obtain a Favorable Settlement in a Military Divorce?

The Father’s Rights Firm understands that trying to obtain a divorce, spousal separation dissolution or annulment in the military can be overwhelming. It is often made even more challenging when facing an upcoming deployment and uncertain what the future may hold.

For this reason, our law firm is dedicated to providing clients with personalized service and professionalism at every stage of their legal action. If we decide to take your case, we will determine if you meet the legal criteria to file for divorce in the District of Columbia. We will also work with you to determine if alimony is appropriate for your situation and any other filing requirements that may be necessary.

Contact The Father’s Rights Firm at 1-877-CUSTODY to schedule a strategy session with our highly knowledgeable attorney, who can explain your rights and explore your potential legal options.