When you or your spouse serve in the military, getting divorced may involve unique issues that can make your case different from an average civilian divorce. An experienced divorce attorney can guide you through the challenges of a military divorce.
Residency and Filing Requirements
Under Oklahoma law, a spouse wishing to file for divorce in Oklahoma must allege that either spouse has resided in the state for at least six months before the divorce filing. Furthermore, any person who has resided on a U.S. military installation in Oklahoma for at least six months can file for divorce in Oklahoma, even if they have domicile in another state (i.e., they intend to return to their home state after completing military duties in Oklahoma). Their spouse may also file for divorce in Oklahoma, even if that spouse resides in another state.
Even though a spouse may file for divorce, the Servicemembers Civil Relief Act can delay the divorce proceeding if the other spouse has deployed on active duty with the U.S. Armed Forces.
Division of Military Benefits
One of the unique aspects of military divorces includes the division of a spouse’s military benefits. The Uniformed Services Former Spouses’ Protection Act (USFSPA) recognizes the right of state divorce courts to divide a spouse’s military retirement benefits as marital property. Thus, a spouse may receive a portion of a servicemember’s military retirement pay following the couple’s divorce.
Furthermore, the Defense Finance and Account Service allows a former spouse to receive direct payments of their portion of their ex’s military retirement pay if their marriage lasted 10 or more years during which the servicemember served at least 10 years of creditable service. However, the USFSPA limits direct payments to 50 percent of the servicemember’s disposable retired pay (65 percent if the servicemember has a child or spousal support obligations to their ex).
Child Custody and Support
Although Oklahoma applies the “best interests of the child” standard when determining child custody in both civilian and military divorces, military divorces can complicate the court’s analysis due to the possibility of a military parent’s relocation or deployment. Couples in military divorces may negotiate a custody arrangement and family care plan that allows for modifications of custody arrangements if a military parent relocates or deploys for an overseas tour.
Legal Representation and Military Legal Assistance
Although servicemembers can access legal assistance through the military, particularly with respect to the servicemember’s military benefits, military lawyers cannot represent servicemembers in divorce cases. Instead, a servicemember must hire a civilian lawyer if they want legal representation for their divorce case. Servicemembers can best protect their interests by working with a divorce attorney experienced in handling military divorces.
Contact a Divorce Attorney Today
A divorce may involve unique challenges and complexities if you or your spouse serve in the military. Contact Taylor Law Firm, PLLC, today for a confidential consultation with a knowledgeable divorce lawyer to learn more about what to expect in a military divorce and discuss how it can differ from a civilian divorce in Oklahoma.
