Why You Might Need A Military Divorce Lawyer

If you are in the military and are planning to get a divorce, you’re probably worried about how it will affect your financial security, your kids, and so much more; that’s why you should find a military divorce lawyer in Tacoma, WA to handle the legal aspect so you can focus on other things. While these fears might make it seem like an impossible task to deal with the divorce on your own, it can actually be done, as long as you do the proper research into what services you need. One of the most important parts of this research is finding an attorney that specializes in military divorces. Our friends at Robinson & Hadeed have put together some tips for you below.

Do I Have Grounds for a Military Divorce?

Being in any branch of service can be stressful, but military families are particularly vulnerable. If you’re considering divorce, an experienced military divorce lawyer can help you understand your rights and figure out if you have grounds for a divorce under current law — they will also help you decide if you have grounds for a divorce. A military divorce lawyer will be able to answer questions about division of property and child custody as well as other issues that may arise during the process. In some cases, spouses may also choose to seek a modification to their spouse’s benefits based on changes that have occurred during the marriage or separation. An attorney with experience in these matters will know what steps need to be taken in order to prepare for these eventualities.

When Can I File For A Military Divorce?

You can file for divorce in several states if:

1) there is a no-fault ground for divorce (see below);

2) you have been living separate and apart from your spouse for at least 180 days; or

3) you have resided outside of your home state for at least one year and have not returned to live within six months prior to filing.

What Is A Qualified Domestic Relations Order (QDRO)?

A QDRO is an order issued by a court that directs your employer to transfer retirement plan benefits you earned before or during your marriage to an ex-spouse, as part of divorce proceedings. If your company offers a defined benefit (pension) plan and you have accumulated rights under that plan during your marriage, you might be eligible for benefits from such a plan. Your spouse may also be entitled to some benefits if he or she was married to you at any time during the 10 years prior to the date on which the application for payment was filed with the plan. A domestic relations order specifies how much money will go into each spouse’s 401(k), IRA, and other pension accounts; how much will go into an ex-spouse’s IRA account; and whether certain payments will stop being made after one spouse dies.

How Are Retirement Benefits Handled In A Military Divorce?

In general, retirement benefits are community property in several states. This means that if you have worked long enough to be vested in your pension or retirement plan and get divorced, then 50% of those funds will be considered marital property for equitable distribution purposes. However, there are exceptions. If your spouse contributes anything to their own retirement, it is not necessarily treated as marital property if it is independent of your income and if you do not rely on that money during divorce proceedings.

Should I Seek Legal Representation For My Military Divorce Case?

Before you make any decisions about your case, it’s best to consult with an attorney who has experience in military divorce cases.