Whether your military divorce was precipitated by a one-time event, such as revelations of infidelity, or caused by chronic tensions built up over years, you’d like help understanding the specific (and, often, surprisingly eccentric) problems that divorcing service members face.
Multiple Laws and Rules May Have Bearing on the Divorce
The following laws/rules can all influence elements of the divorce, like child support, division of property and whether and how long a divorcing spouse can delay legal proceedings:
- The Service Members Civil Relief Act
- Uniformed Services Former Spouse’s Protection Act
- Rules stipulated by Defense Financing and Accounting (DFAS)
- Local Kansas or Missouri laws
For instance with military divorce, the Service Members Civil Relief Act stipulates that active duty personnel may not be able to participate in lawsuits (or divorce proceedings). And once active duty has been completed, the service member has an additional 60 days to delay proceedings, if he or she wishes. If your spouse is serving overseas, you may face jurisdictional issues. For instance, say you live in Kansas, and you want to serve a divorce notice to an active duty spouse. If that spouse is stationed in a remote, hard to reach region — such as a warship patrolling the Persian Gulf — you may have to wait until he or she returns from deployment overseas to serve him or her papers and begin your divorce.
Military Divorce and Children
Military and child custody questions can further complicate your situation. Military members can have their wages garnished to pay for child support – up to 60% of allowances. If your military spouse refuses to pay, or underpays, or otherwise violates a child support arrangement, you can appeal to his or her commanding officer for assistance in enforcing court orders.
Child support with a military divorce may present unique logistical and financial challenges for both you and the other parent. And these quirky logistical issues, in and of themselves, can create confusion and a sense of anxiety and overwhelm.
A Source of Reliable and Strategic Guidance About A Military Divorce
The anxiety in a tense divorce often stems not just from fear of a negative result but also from the uncertainty itself. You’d like to settle questions like child support, spousal support, division of property and the jurisdictional issues we discussed above. Your goal is to rebuild your life, move on, possibly figure out how to reboot your career or start a new career, or maybe even to leave the military and/or relocate out of Missouri or Kansas.
No matter what your needs are, the team at Fletcher, Rohrbaugh & Chahine, LLP can help you, step by step, as you assess your options and manage surprises, opportunities, and setbacks. Connect with one of our military divorce lawyers today by calling (913) 390-8555, or learn more about our general family law practice here at www.KansasMissouriLaw.com.
Attorney Rohrbaugh is a former JAG officer who understands all these issues.
Check out our other family law practice areas here.
Fletcher, Rohrbaugh & Chahine, LLP represents people in Eastern Kansas and Western Missouri including; Johnson County KS, Miami County KS, Wyandotte County KS, Douglas County KS, Leavenworth County KS, Jackson County MO, Platte County MO, and Cass County MO.
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