Obtain divorce representation tailored to your needs from a military divorce lawyer
While divorce is difficult for everyone, a military divorce presents additional challenges others may not have to deal with. The “Uniform Services Former Spouses’ Protection Act” (USFSPA), is an additional factor in any military divorce. Under the USFSPA, each state (including Kentucky) is allowed to treat “disposable retirement pay” as marital property according to each state’s law.
Military divorces are particularly complex and require the assistance of lawyers who understand the unique issues involved.
At the Law Offices of John Schmidt & Associates PLLC, we understand the legal issues you face as a member of the U.S. military and the steps we must take to ensure your future remains positive. We respect your service to our country, and we hope to repay you by offering the high-quality, compassionate legal counsel you need at a reasonable price.
3 Important Things to Know About a Military Divorce in Kentucky:
The number of years of military service during the course of the marriage, as well as the length of the marriage itself, will have a significant impact on many issues in a military divorce.- You may need to learn more about terms such as the “10/10” rule, as well as “20/20/20” and “20/20/15.”
- Child Custody, and continuing access to base privileges and TRICARE health insurance each present unique challenges during a military divorce.
Military service members face a variety of special issues in divorces
The end of a marriage is difficult for almost everybody. Military couples, however, face specific challenges that others may not:
Retirement issues, including survivor benefit plans
Unique issues regarding child custody or visitation rights during overseas deployments
Different spousal support and child support obligations
Rights granted under the Service Members Civil Relief Act
You will often hear the terms 20/20, 20/15 or 10/10 thrown about in these conversations. The first number is the number of years of active military service, and the second is the number of years from the date of marriage to the date of the actual divorce (not when you separate).
It takes a deep understanding of these issues and other family laws affecting service members to properly represent you in your divorce. Our divorce lawyers in Shepherdsville, KY serving Ft. Knox and the greater Louisville area understand the issues and help you to achieve positive results.
Child Custody and Visitation Can Present Unique Issues During a Military Divorce
Many clients are especially worried about child custody and visitation during a military divorce.
There are several challenges facing the children of those who serve in the military, such as:
- Deployment – how will child custody, visitation and maintaining connections be protected during the deployment of a servicemember? How are existing orders usually modified during a deployment? Can the parental rights of a servicemember be “delegated” to another trusted member of the family during deployment?
- Relocation and Moves – Military families face frequent moves, and these are often an issue during the divorce itself, as well as post-decree as parenting is shared.
- Kentucky family law establishes a rebuttable legal preference for joint custody or equal parenting time. The Servicemembers Civil Relief Act or SCRA can impact divorce or child custody matters, but our Courts must balance these rights with the best interests of each child.
How do the years of service during the duration of the marriage impact a Military Divorce?
Here is a brief summary of how the duration of a military marriage will affect a divorce in Kentucky:
The 20/20/20 Rule:
If the former (and un-remarried) spouse of a member of the military was married to the military member for at least 20 years at the time of the divorce, the military member has accumulated a minimum of 20 years of service credited toward retirement pay and the marriage occurred during 20 years of active service, the former spouse will usually qualify for medical, commissary, PX and theater privileges based upon the Morale, Welfare and Recreation program.
The 20/20/15 Rule:
The un-remarried former spouse of a member of the military may be entitled to continuing medical coverage if the service member had 20 years of service, the marriage lasted at least 20 years and the dates of the marriage overlapped the period of military service by at least 15 years. Note: in the 20/20/15 scenario the former un-remarried spouse does not retain access to the installation, PX or commissary.
The 10/10 Rule:
This term applies to the ability of the spouse of a servicemember to qualify for direct DFAS (Defense Finance and Accounting Service) retirement pay for their portion of retirement benefits that occurred in a marriage lasting at least 10 years, and in which the servicemember concurrently served a minimum of 10 creditable active duty years of service.
Our military divorce attorneys solve your issues efficiently and compassionately in Fort Knox, KY & Surrounding Areas.
We understand that the lifestyle of people in the Armed Forces does not provide much time for divorce proceedings and that it can be difficult to keep your emotions in check throughout the process. We provide you with emotional support and pragmatic legal counsel to fight for results such as:
Custody rights. We fight to keep your children a part of your everyday life.
Financial security. As with any divorce, you may be worried about your financial well-being in the years to come. We seek spousal support that leaves you in a good position for the future.
Peace of mind. We provide you with relief from the unique stresses of military divorce through trustworthy service and constant, honest communication.
Trust in our knowledge of military divorce law to give you hope for your future. We know how to treat our service men and women with the respect they’ve earned for their contributions here and overseas, while never forgetting that you are our first priority.
We invite you to contact us via e-mail, schedule an appointment or call us today at (502) 509-1490 to get answers to your questions and to learn more about your unique circumstances and how to protect what is most important to you in your family law case.