Nashville Military Divorce Lawyer

Nashville Military Divorce Lawyer

Find Expert Guidance from Our Military Divorce Attorney in Chatham, Davidson County, Montgomery County, Sumner County, Robertson County, Williamson County, Wilson County, and Throughout Middle Tennessee

If you are involved in or thinking about divorce proceedings with a current or former military service member, you should first speak with our Nashville military divorce lawyer. Military divorces can be more complicated than civilian divorces. For example, there are many rules and laws of the various branches of the armed forces that apply to members of the military. There can also be residency issues that arise when spouses move between or are stationed in different military bases or installations in different states. Finally, military pensions and other benefits may also come into play, with one party potentially – and sometimes unfairly – seeking compensation from benefits earned by the other. Speak with Brighter DaySM Law’s Nashville military divorce lawyer today to learn more about your rights and responsibilities in a military divorce case.

Our Nashville Military Divorce Lawyer Can Help You with Military Divorce Proceedings

Tennessee’s military divorce laws apply to service members of the Army, Navy, Marines, Air Force, and Coast Guard. In general, anyone divorcing a military service member will follow most of the same steps as two civilians who are getting a divorce, based on the applicable laws of their home state. However, it can be difficult to access and serve divorce papers to someone in the military, so this is one complication.

Another complication is when an active service member is away on duty and cannot appear in court due to their military responsibilities. Servicemembers may also be entitled to many benefits above and beyond their base pay that may not show as income in some states. Calculating alimony and deciding child visitation and custody matters under such circumstances can be difficult. Finally, because of the nature of military domicile, the rules of multiple states may come into play during military divorce proceedings, making it all the more difficult to manage such divorce cases.

This is why you should speak with an experienced military divorce attorney if you are involved in or wish to initiate (or have received notice of) divorce proceedings involving a member of the military. To learn more, contact the military divorce lawyer with Brighter DaySM Law for a comprehensive case evaluation.

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An Experienced Military Divorce Attorney Can Help Protect Your Best Interests

The primary goal of our military divorce attorney during and after your divorce proceedings is to ensure that your case is handled fairly and transparently and that your rights are safeguarded and maintained. This includes your right to compensation and child custody and/or visitation.

The parenting rights of servicemembers are the same as those of civilians. However, since duty assignments and deployments must be taken into consideration, the court may determine that a military parent can only have a certain amount of parenting time if they live on a nearby base, and this time may change if the parent moves. This can have a cascading effect on custody shares, visitation rules, and the former couple’s parenting schedule. Furthermore, these changes can happen many times during a divorced servicemember’s career.

Military divorces also affect the health and dental insurance of former spouses. Some branches of the military allow former spouses and shared children to retain access to coverage, but each case is unique and will be adjudicated based on the orders of the court and the current policies of the relevant armed forces.

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Military pensions are another area in which our Nashville military divorce lawyer can help. Under the Uniformed Services Former Spouses’ Protection Act, also known as the USFSPA, military pensions are treated as property, not income. Because of this, divorce courts can divide this property between servicemembers and their former spouses. If a person’s marriage to a servicemember lasted at least 10 years and those 10 years overlapped with 10 years of military service by the spouse, the military can even send such payments directly to the ex.

Based on the above, divorces involving members of the military can lead to complexities that are not typically found in civilian divorce cases, which is why you should speak with Brighter DaySM Law’s military divorce attorney for assistance with your case.

Frequently Asked Questions Answered by Our Military Divorce Attorney

How are child support and at-fault divorce issues handled in military divorces?

Child support rules still apply to servicemembers if the court determines that they must make these payments. If they refuse to do so, you can file a complaint to the service member’s commanding officer. Servicemembers must comply with all applicable military regulations, and this includes obeying the law, which in this case would be to obey court-ordered child support rulings. At-fault issues such as adultery are civil matters; others such as abuse cases, however, can fall into the criminal category. Speak with our military divorce attorney before moving forward so that you have a thorough understanding of the rules that apply to your case and how our Nashville military divorce lawyer can help protect you and your best interests.

Can I file for divorce if my spouse is away on active duty?

Yes, but your spouse can file for a 90-day suspension of divorce proceedings so that they have time to properly respond to your divorce filing.

If I or my spouse moved during deployment, where would we file for divorce?

It depends on where you were stationed and for how long. For Tennessee military divorce cases, a relevant deployment would be one at, for example, the Naval Support Facility Mid-South near Millington, or Fort Campbell, which straddles Tennessee and Kentucky. You can be considered residents after one year at these locations, but six months can also suffice for the purposes of establishing a domicile. It may be more advantageous to file for divorce in one state versus another, but since making that determination requires a thorough examination of your case, speak with our Nashville military divorce lawyer before initiating divorce proceedings.

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