Helping Families Through Difficult Times
Divorce is never an easy decision to make, regardless if you are a civilian or a member of the military. However, for military families, divorce can sometimes become a different and more complex process. At Hibbeler & Associates, our Clarksville divorce team has over 15 years of collective legal experience and is dedicated to providing all who seek our help with exceptional legal representation and advice. If you are considering a divorce and you or your spouse are in the military, reach out to our law firm today for the compassionate and knowledgeable assistance you deserve.
Call Hibbeler & Associates today at (931) 563-9057 to schedule your free initial consultation with a divorce attorney today.
Military Divorce in Tennessee
A divorce involving a member of the military is not all that dissimilar from those involving civilians. Differences between the two can begin to pop up if it becomes difficult to serve divorce papers to the active duty spouse. In fact, different branches of the military have different policies in regards to how divorce papers are served to members of the military, which are designed to protect their rights.
Another potential snag you might encounter during the divorce process can occur if the service member is on deployment, stationed out of the country, or otherwise unable to make it to court as a result of his or her military responsibilities. In this case, a service member would be able to request a 90-day suspension of divorce matters. It is possible for the court to deny this request if it appears that the service member is simply trying to avoid his or her responsibilities.
Spousal Support and Child Support
Additionally, when it comes to spousal support and child support, the extra allowances a soldier, sailor, or other service member makes that is not part of his or her base pay and does not appear in his or her paycheck might not count as income in some states and, thus, might not be factored into a support order. In Tennessee, child support and spousal support awards cannot exceed 60% of the military member’s pay and allowances.
Health and dental insurance could also continue to be extended to exes and children based on the length of time a service member has been in the military. If you were married to a member of the armed forces for 20 years or more, you would be eligible for permanent medical insurance, a military ID, and other lifelong privileges.
In addition to Tennessee’s property division laws, the Uniformed Services Former Spouses’ Protection Act (USFSPA) governs how military retirement benefits are to be calculated and divided amongst both parties. A service member’s retirement will not be divided and distributed to a former spouse unless they were married for 10 years or more while the member was on active military duty.
Call Hibbeler & Associates Today!
If you are considering a divorce and you or your spouse is a member of the military, you need a skilled attorney to guide you through this process. At Hibbeler & Associates, our Clarksville divorce attorneys understand that military divorces can sometimes become complicated, which is why we are dedicated to helping you navigate it every step of the way and ensuring you are able to achieve a resolution that is beneficial for you and your family.