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Understanding The Unique Aspects Of Military Divorce

A divorce in which one or both parties are enlisted in the military presents unique aspects that must be considered. Ohio laws protect an active military member from being held in default for failing to respond to a divorce action. A divorce may be postponed for the entire time an active military member is on duty and for up to 60 days beyond that.

In addition, there are frequently questions about how military retirement benefits will be divided, and determining child custody, a parenting plan for the noncustodial parent and child support can be complex.

It is critical to enlist the help of a trusted family law attorney who has experience with military divorce in the state of Ohio. The lawyers at the law office of Smith, Meier & Webb, LPA, in Springboro, have the experience needed to represent members of the military or non-military spouses in divorce.

Some Key Differences About Military Divorce

A member of the military or a military spouse must live in Ohio or be stationed in Ohio to file for divorce in the state. Simply serving a spouse who is in the military with divorce papers can be challenging. A divorcing spouse cannot serve a petition for divorce to an active service member who is on duty.

The grounds for divorce in which one spouse is a member of the military are the same as a civilian divorce.

How Military Pension And Other Benefits Are Treated

The Uniformed Services Former Spouses’ Protection Act (USFSPA) governs how military retirement benefits are calculated and divided upon divorce. The spouse of a military member is not automatically entitled to a portion of a military member’s retirement pay.

The USFSPA also addresses whether a military spouse remains eligible for commissary, exchange and health care benefits following divorce.

The Experienced And Knowledgeable Advocacy You Need

It is important to have a lawyer by your side who has knowledge of the state laws and federal laws applied in a military divorce. Contact our office today by calling 937-557-0128 or by using this online contact form.