(801) 254-9450 While the end of any marriage can be difficult, the process of divorcing brings additional complications for active duty members of the military. Issues regarding residency, child support, and visitation are best resolved with the help of experienced legal counsel.
At Carr | Woodall, we recognize the unique challenges that military families face, and we are committed to providing exceptional legal support to service members and their spouses dealing with military divorce issues.
Our team of experienced family law attorneys understands the complexities of military divorce and the specific requirements that apply to service members in Utah. You’ve come to the right place if you’re searching for a South Jordan military divorce lawyer. Call today to speak with a seasoned divorce attorney.
Divorce can be a daunting prospect for any couple, but additional factors must be considered when one or both parties are in the military. In Utah, the legal requirements for a military divorce differ slightly from those for civilian divorces. To file for a military divorce in Utah, you or your spouse must meet one of the following residency requirements:
Utah Domicile: One party must be a resident of Utah or a member of the military stationed in Utah for at least three months before filing.
Home State: If you or your spouse is a legal resident of Utah, you can file for divorce regardless of your current location.
Meeting these residency requirements is essential to initiate the divorce process in the state. Our South Jordan military divorce lawyers are well-versed in these requirements and can help you navigate the legal aspects of your military divorce.
Military divorces come with unique challenges and considerations, distinguishing them from civilian divorces. Understanding these differences is crucial to ensuring a smooth and successful process:
Military members often relocate due to assignments. Determining the correct jurisdiction for filing can be complex. Our experienced lawyers can help you navigate these issues.
The divorce settlement must consider military pensions, healthcare, and other benefits. Our team can assist in ensuring a fair and equitable distribution.
The Servicemembers Civil Relief Act (SCRA) may allow a service member to request a stay of divorce proceedings during deployment or other military duties. We can help you understand and address the legal implications of this act.
Military service may affect child custody arrangements and child support obligations. Our attorneys have experience handling these cases and will work to protect your rights and the best interests of your children.
While the courts cannot hold a person’s service against them in child custody and visitation matters, practical factors must be considered. For example, someone serving abroad or deployed to a combat zone faces apparent challenges.
Parties in this situation need a family care plan designed to address child custody, support, and visitation issues now and in the future. Parents on active duty should also be aware of their rights under the Servicemembers Civil Relief Act, which could allow them to postpone certain custody hearings until they can speak for themselves in person.
A primary concern for divorcing military spouses involves the future of their earned benefits. The end of a marriage can complicate issues like retirement pay, benefits, or pensions. Federal law sets out the rights and obligations related to the benefits under the Uniform Services Former Spouses’ Protection Act (USFSPA).
A military spouse who does not serve and remains in that marriage for a minimum of 10 years can be entitled to benefits paid directly from the Defense Finance and Accounting Service. These payments are taken from the service member’s benefits and are issued directly to the spouse.
When a person is married to an active duty military member for less than 10 years, they are not necessarily entitled to direct payments from the government. However, Utah law does allow them to recover those benefits indirectly.
In that scenario, a judge could determine that the equitable division of marital assets includes sharing a portion of a pension or benefits account with a military spouse. A military divorce attorney in South Jordan can answer questions on when this is an option.
Divorcing a spouse while serving in the military adds extra layers of complexity to a situation that is already difficult. The good news is that there is never any reason to face these challenges alone. Having the support of a military divorce lawyer in South Jordan can be invaluable for many reasons.
First and foremost, an attorney could answer questions about matters unique to military life. Can a former spouse retain their base privileges? What happens to the military pension? Getting these answers upfront is essential.
Another benefit is having a representative in the area—especially for service members stationed elsewhere. A lawyer could appear on their behalf in some situations when necessary, while keeping them updated on the status of the case.
Dissolving your marriage can be difficult, but it also represents an opportunity to turn the page and move into the next phase of your life. The sooner you deal with the unique challenges of a military divorce, the faster you can start that process.
Carr | Woodall believes that you deserve an advocate while you bring your marriage to an end. Reach out today for a private consultation with a South Jordan military divorce lawyer.