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Providing Clients with Legal Support During the Divorce Process
If you or your wife are in the military, your Minnesota divorce case will be subject to laws and protections that civilian divorce cases aren’t. This is why you need a lawyer with experience representing men going through military divorce in Minnesota.
At The Legal Dad, our team has helped clients navigate family law issues that include spousal support, property division, and more. If you have questions about how your military involvement will affect your case, contact us for a free consultation at our Minneapolis law firm.
What Legal Protections Do Members of the Military Have?
Due to the nature of the job, military members are entitled to protections that civilians don’t get. After all, they’re often away from their home for several months, so the steps of the typical divorce process may lead to unfair results for members of the armed forces.
One example is the Servicemembers Civil Relief Act of 2003, which says a military spouse cannot initiate a divorce or modify family law agreements, such as child custody, while the military member is deployed. Legal proceedings must wait until they return home, and even then, they may be postponed further if necessary.
Additionally, military families don’t have to follow standard residency requirements for divorce. While civilians have to reside in Minnesota for 180 days before filing, military members can file any time as long as they’re stationed here.
Your family law attorney should be aware of these rules to ensure you don’t miss out on the protections you deserve. That’s why it’s essential that you hire a lawyer who has handled military divorce cases.
How Are Assets Handled in a Military Divorce?
Decisions regarding marital property division and child support are complex in any divorce case, but they’re even more challenging in a military divorce. Whether you’re a member of the Navy, Army, Coast Guard, Marines, or Air Force, certain guidelines will apply to your divorce case.
For instance, the Uniformed Services Former Spouses’ Protection Act features the 10/10 rule. This says if one spouse completed at least 10 years of active duty and was married for 10 of those years, the civilian spouse is entitled to a percentage of their pension.
Additionally, there is the 20/20/20 rule regarding military benefits like Tricare insurance coverage. The civilian spouse can only keep these benefits if they were married for at least 20 years of the service member’s time in the military.
If you owe child support, know that the court will consider all income sources, including combat pay, GI Bill benefits, and hazard pay. However, child support and alimony cannot add up to more than 60% of your income as a service member.
How Is Child Custody Handled in a Military Divorce?
When one spouse is out of state or even out of the country for months, applying regular child custody rules to the case doesn’t make sense. This is why military families are expected to create a Family Care Plan. With this parenting plan, it’s critical to specify how to ensure the military parent gets quality time with the children when they don’t work or live nearby for much of the year.
For example, if you’re stationed in a different state, the Family Care Plan should describe what your availability is for visitation and how much time you’re able to spend with your children during leave. It should also address how you can stay in contact during deployment and what custody arrangements you prefer when your deployment ends. Your lawyer should help with this plan.
How Can a Minneapolis Military Divorce Lawyer for Men Assist As You File for Divorce?
Whether you’re a military service member or a non-military spouse, your Minnesota divorce will be subject to guidelines that your lawyer should keep in mind. At The Legal Dad, our team has helped numerous men successfully navigate the military divorce process, and we can do the same for you.
We know you’re likely concerned about how to approach issues like child custody, alimony, and property division, so we’ll work hard to give you peace of mind as we guide you through your case. If you’re ready to file for dissolution of marriage in Minneapolis, call us at 612-712-3405 to talk to a military divorce lawyer.