Military divorce is a very different process from civilian divorce. It is decided not in military court, but in state courts. Not all Maryland family law attorneys are experienced in military divorce. Military families contemplating divorce should seek out attorneys who understand these differences and have experience with them.
At Reinstein, Glackin, Patterson & Herriott, LLC, in Bowie, Maryland, we serve military personnel and their spouses at Andrews Air Force Base, Fort George G. Meade, Surface Forces Logistics Center, Bethesda Naval Hospital and Patuxent River.
We understand the challenges of dividing military pensions and benefits and the necessity to keep divorce from affecting one's career or security clearance.
Understanding Retirement Pay And Military Pensions
The federal law governing the division of military pensions is the Uniformed Services Former Spouses' Protection Act, or USFSPA. This law stipulates that only the state where the military member lives has the power to divide the military pension in a divorce. This means that if you choose the wrong state to file for divorce in, the court may not have the authority to divide the pension. So you must choose your filing state with care.
Serving Active Duty At Annapolis Naval Academy And Fort Meade
Typically, when one spouse informs the other of impending divorce, the other spouse must respond within a set period of days. This schedule may have to be set aside if the service member is on active duty. The Servicemembers Civil Relief Act (SCRA) allows the service member to slow down the proceedings for 90 days or longer. The idea behind the law is that duty comes first, and personal matters sometimes must wait.
Maryland Military Child Support And Visitation Lawyer
Service members are required by law to provide adequate child support for their children. Every branch of the armed forces (except the Air Force) has its own rules on how much must be paid. If you are locked in a struggle about support or custody, contact the attorneys at Reinstein, Glackin, Patterson & Herriott, LLC, to discuss your options.