Military Divorce is Different from Civilian Divorce

Talk to an Expert Military Divorce Attorney in Maryland

Military Divorce Attorneys in Maryland

Military divorce attorneys in Maryland are specialists who focus on providing people with the necessary information and legal support required to get them through a military divorce. When a military spouse is involved, everything from filing a divorce to claiming custody of your children becomes rather complicated. 

If you’re going through a military divorce in Maryland, you need to hire a military divorce lawyer in Maryland specifically. They would have the required knowledge and skills to help you through these tough times.

average of military marriage that end in a divorce

Why would you need a military divorce lawyer?

When people search for “military divorce lawyers near me”, it’s usually for one of the reasons discussed below.

Filing for Divorce

Since military personnel can be moving around in different jurisdictions, it can be hard to file a divorce. For example, you might have trouble finding out what jurisdiction to file it in or how to file for divorce in the military. A military divorce attorney can help you out with that.

Dividing Military Benefits

All military benefits like TRICARE, military pension, and retirement can be enjoyed by the non-military spouse after divorce. Military retirement divorces are especially complicated. The Uniformed Services Former Spouse Protection Act (USFSPA) governs these divisions and military divorce lawyers are familiar with it.

Getting Custody of Children

The children might need to be relocated to a location where their guardians will live after divorce. Again, frequent relocations due to military responsibilities complicate the process of getting child custody. That’s another reason why people look for legal help.

Availability for Legal Proceedings

Both spouses have to be present in court hearings for the divorce to be finalized. The military spouse might have issues being available for legal proceedings, and a lawyer can help you navigate this problem too.

Dividing Scattered Property

Military couples may own property in various locations due to assignments. A lawyer can help deal with the real estate complications in all those locations to divide the property as needed among spouses.

Ensuring that Orders are Enforced

A military divorce attorney in Maryland will help you make sure that your spouse complies with court orders even if they are located in some other state. That’s one of the most important issues for non-military spouses.

Filling Out Forms

Military divorces often involve intricate paperwork, such as LES (Leave and Earnings Statements) and DD Form 214. Only an attorney can help you fill everything out correctly.

Food For THought

Military Divorce Attorneys in Maryland: What Do They Do?

Find out everything that a military divorce lawyer in Maryland can do for you.

Working with a Maryland military divorce lawyer is the best option if you need to file a divorce in this jurisdiction. They understand the local law regarding military divorce better than lawyers you might find elsewhere.

Military divorces are subject to both state and federal laws. A military divorce lawyer can help you navigate these complex legal frameworks.

Determining the appropriate jurisdiction for filing the divorce, especially if one spouse is stationed in Maryland but may not be a legal resident, can be a challenge. A lawyer can help ensure the divorce is filed in the correct jurisdiction.

The division of military pensions and retirement benefits can be a significant issue in military divorces. Your lawyer can help you understand your rights and work to ensure a fair distribution.

Military divorce lawyers can help you determine eligibility for spousal support and advocate for fair alimony arrangements.

Resolving child custody and child support matters can be particularly complex in military divorces, especially when one or both parents are subject to frequent relocations. A lawyer can help you create a workable custody arrangement and ensure that child support calculations are accurate.

Understanding the impact of a divorce on military benefits such as healthcare, housing allowances, and commissary privileges is crucial. A lawyer can help you protect your interests in these areas.

Addressing visitation rights and custody arrangements when one parent is frequently deployed or stationed far away can be challenging. An attorney can help create a feasible visitation schedule that accommodates military service obligations.

Property division can be contentious in any divorce, but military divorces may involve unique assets and challenges. A military divorce lawyer can help ensure equitable distribution of property and assets.

The SCRA provides certain legal protections for service members facing civil legal actions, including divorce. A lawyer can help ensure that your divorce proceedings comply with these protections.

In many cases, military divorce lawyers can help facilitate mediation or negotiation to reach an amicable settlement, which can be less stressful and costly than litigation.

If your divorce case goes to court, a military divorce lawyer can represent your interests and advocate on your behalf before a judge.

If circumstances change after the divorce, such as changes in income, deployment, or relocation, a lawyer can help you pursue modifications to custody, support, or other divorce-related orders.

How a military divorce lawyer is different from a normal divorce lawyer?

Here is a comparison table highlighting the differences between normal lawyers and military divorce lawyers:

Military Divorce Lawyers Normal Lawyers
Experts in Civilian and Military Issues
Experts in Civilian Law Only
Take Care of Military Divorces Mainly
Take Care of Civilian Divorces Mainly
Know Both State and Federal Laws
Know State Laws Only
Good at Solving Unique Active Duty Custody Problems
No Experience of Unique Custody Problems
Knowledge of Military Procedures and Regulations
No Knowledge of Military Procedures and Regulations

How to file for divorce in the military in Maryland?

To file for a military divorce in Maryland, you must follow the same basic steps as a civilian divorce. However, military divorces can be much more complex.

Filing for a military divorce in Maryland involves several steps, and it’s highly recommended to consult with an attorney who specializes in military divorces to guide you through the process. However, here are seven general steps to help you get started:

Consult with an Attorney

Before proceeding, seek the guidance of a qualified military divorce lawyer who is familiar with Maryland’s divorce laws and military-specific issues. They can provide personalized advice and assistance.

Meet Residency RequirementsMeet Residency Requirements

Ensure that either you or your spouse meet the residency requirements for filing for divorce in Maryland. Typically, at least one party must have lived in Maryland for at least six months before filing.

Determine Jurisdiction

Determine the appropriate jurisdiction for your divorce filing. This may depend on where you or your spouse are currently stationed, residing, or stationed when you file. Your attorney can help you make this determination.

Gather Necessary Documents

Collect important documents such as marriage certificates, military identification, financial records, and information about assets, debts, and child-related matters.

military divorce banner

File a Complaint for Divorce

Your attorney will draft and file a Complaint for Divorce with the appropriate Maryland court. This document initiates the divorce process and outlines your grounds for divorce, such as no-fault or fault-based grounds.

Serve Divorce Papers

Serve a copy of the divorce papers to your spouse, following the legal requirements for service. If your spouse is in the military and stationed away from Maryland, the Servicemembers Civil Relief Act (SCRA) may apply, and special rules for service may be necessary.

Respond to Your Spouse's Response

Your spouse will have the opportunity to respond to the divorce filing. This may include addressing issues like child custody, support, property division, and alimony.

Throughout this process, negotiations, mediation, or court hearings may be necessary to resolve disputes related to child custody, property division, or other matters. 

Your attorney will play a crucial role in representing your interests and ensuring that the divorce process proceeds smoothly and in compliance with both Maryland state laws and federal laws governing military divorces.

Keep in mind that military divorces can be particularly complex due to the unique aspects of military service, including deployment, frequent relocations, and military benefits. 

Therefore, it’s strongly advised to consult with an experienced military divorce attorney who can guide you through the specific challenges associated with your situation.

Finding the Right military divorce attorney in Maryland

Hiring the right military divorce lawyer in Maryland is crucial to ensuring that your interests are properly represented during the divorce process. Here are four steps to help you find the right attorney:

1

Make a List of Potential Attorneys

Start by conducting thorough research to identify potential military divorce lawyers in Maryland. You can use various methods:

Referrals: Ask for recommendations from friends, family members, or colleagues who have gone through a similar divorce process or have legal connections.

2

Check Qualifications and Experience

Once you have a list of potential attorneys, review their qualifications and experience. Look for the following:

  • Specialization: Ensure the attorney specializes in family law and has experience with military divorces.
  • Years of Practice: Consider lawyers with several years of experience handling divorce cases, especially those involving military personnel.
  • Client Reviews: Read online reviews and testimonials to gauge client satisfaction and the attorney’s reputation.

Bar Association Membership: Verify that the attorney is a member of the Maryland State Bar Association and any relevant military law organizations.

3

Schedule Initial Consultations

Contact the attorneys on your list to schedule initial consultations. Many lawyers offer free or low-cost initial consultations, which provide an opportunity to discuss your case and evaluate the attorney’s compatibility with your needs.

During the consultation, ask questions about their experience with military divorces, their approach to handling cases, fees, and what to expect during the divorce process.

4

Evaluate Compatibility and Communication

Assess your compatibility with each attorney based on the following factors:

  • Communication: Ensure that the attorney communicates clearly and effectively and is responsive to your inquiries.
  • Comfort Level: Choose a lawyer with whom you feel comfortable discussing sensitive matters.
  • Strategy: Discuss the attorney’s proposed strategy for your case and whether it aligns with your goals.

Fees and Costs: Clarify the attorney’s fee structure, including retainer fees, hourly rates, and any potential additional costs.

By following these steps, you can carefully evaluate potential military divorce lawyers in Maryland. Remember that choosing the right attorney can significantly impact the outcome of your divorce proceedings and your overall experience during this challenging time.

Here at Legal Yogi, we provide expert legal advice and help to people going through military divorce in Maryland. You can talk to multiple lawyers through us and find the one that suits you best.

What Sets Legal Yogi Apart from Others

We Have Handled Military Divorces Before

We’re not new to the field. Our lawyers have been handling military divorce for years now. We have dealt with hundreds of cases just like yours.

We Know Military Regulations and the Federal Law

Trust us to never leave any loophole that the other party can use against you. Our lawyers have a good grasp of all the laws and military regulations that apply to military divorce.

Our Team Has Multiple Military Divorce Lawyers

With Legal Yogi, your options are never limited. We have many specialist military divorce lawyers in Maryland that are available to take on your case.

What to Expect From Legal Yogi?

4 Free Q&A Sessions

Use your 4 free consultations to talk to multiple military divorce attorneys before you hire one. Explain everything you need to them and see if they can meet your needs.

lawyer presenting in court

Be Secure with an Airtight Case

We will leave no stone unturned in the effort to make your case completely free of loopholes. You can trust us to give you the highest chance of winning your case.

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Reach Resolution Faster and Walk Away

Want to get out of this tough situation quickly? Legal Yogi will make sure that your case doesn’t get dragged out more than it needs to be.

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Feel Heard and Understood

We will never ignore your priorities and your needs. Talk to us about anything and we will give you a solution that puts your mind at ease about it.

Talk to a Legal Yogi lawyer today and find the possible solutions to all of your problems quickly!

FAQs

What are the benefits for a divorced military spouse?

Depending on the time they spend in the marriage, a divorced military spouse can be entitled to retirement benefits, healthcare benefits, and more.

What is the divorce rate in the military in Maryland?

The divorce rate, civilian vs. military is 3 to 3.3% across different states including Maryland.

Can ex-wife claim my military pension years after divorce?

Yes, that is possible for an ex-wife if they meet certain conditions.

How military divorce retirement pension rules change in Maryland?

The rules have not changed much over the past decade or so.

Is military disability divisible in divorce?

No, disability benefits are not divisible in a military divorce.

Schedule a free consultation with Military Divorce Attorneys in Maryland

No one has a larger database of lawyers than we do, and we give four free consultations with a legal professional. Our phone lines are always open, every day of the year, to help clients like you find the legal support they need.

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