Clarksville Attorneys Guiding You Through Military Divorce Procedures
Going through a divorce is hard enough on its own, but when it involves the military, there are even more complications to consider, including military retirement and medical benefits. If you are going through a military divorce, it is important to consult with an attorney for answers to these critical questions.
The Law Office of Steven C. Girsky represents military families in both Kentucky and Tennessee, including the communities of Clarksville and Hopkinsville. To schedule your appointment or to discuss a military divorce, contact our law firm today.
Military Families Are Subject To Unique Rules
Military families face unique legal challenges during divorce proceedings that civilian couples don’t encounter. Two crucial federal laws protect service members and their spouses:
Servicemembers Civil Relief Act (SCRA)
The SCRA helps active-duty military members handle divorce cases while serving our country. This law makes sure your military service won’t hurt your legal rights during divorce. The SCRA gives you these key protections:
- Allows active-duty military members to request stays of divorce proceedings
- Protects against default judgments when service duties prevent court participation
- Enables temporary postponement of proceedings for 90 days or longer if needed
- Requires proof that military service materially affects the ability to appear in court
These rules help both service members and their spouses plan their divorce timing better and understand their rights.
Uniformed Services Former Spouses’ Protection Act (USFSPA)
The USFSPA helps divide military benefits fairly after divorce. This law sets clear rules about who gets what and how to protect everyone’s financial future. Here’s what the USFSPA does:
- Authorizes state courts to divide military retirement pay as marital property
- Establishes guidelines for direct payment of retirement benefits to former spouses
- Sets requirements for maintaining military medical benefits post-divorce
- Determines eligibility for commissary and exchange privileges
With so many processes and procedures to consider, let attorney Steven help you weigh your options and determine which regulations best serve your family.
Don’t Let Deployment Delay Your Divorce
Soldiers who are deploying out of Fort Campbell to Iraq, Afghanistan or other areas of the world can still file for divorce while deployed or complete the divorce process while deployed. If you realize that your marriage is not going to survive your deployment, you may want to dissolve the marriage sooner rather than wait until you return home.
It is important to know that you don’t have to wait to get a divorce – we can help you now. We handle military divorces quickly and efficiently to minimize the interruption to your day-to-day life. We can file documents electronically and work through email and telephone to accomplish your goals even though you or your spouse is out of the country.
With more than 25 years of helping military families through their most difficult times, family law attorney Girsky knows how to accomplish his clients’ goals, even when someone has been deployed and it is necessary to deal with one party’s long distance. Located near Fort Campbell in Kentucky, home of the 101st Airborne Division of the U.S. Army, the firm is proud to represent members of the military.
Financial And Medical Concerns Post-Divorce
A military divorce affects your access to TRICARE, base privileges and retirement benefits. Keep these in mind while going through a military divorce:
- Former spouses must meet the 20/20/20 rule to keep TRICARE coverage – 20 years of marriage, 20 years of military service and 20 years of overlap. Without this requirement, you qualify for only one year of transitional coverage under the 20/20/15 rule.
- Your children maintain full TRICARE coverage until age 21, or age 23 if enrolled full-time in college. The military parent must keep children registered in DEERS and maintain their dependent status.
- Children’s access to base facilities continues regardless of the divorce terms, but the nonmilitary parent needs proper documentation to accompany them on base.
While these changes may sound complicated, they don’t have to be. With over 25 years of practice, we can help you plan for financial and medical changes after a military divorce. This includes finding civilian health insurance and creating new budgets without military allowances. Our attorneys can guide you through benefit divisions and help secure your share of military retirement pay.
Talk To A Trusted Clarksville Military Divorce Attorney Today
Located in Clarksville, The Law Office of Steven C. Girsky represents military families throughout Tennessee and Kentucky. Open during weekly business hours, the firm offers off-site, evening and weekend appointments as well. Payment plans are available and credit cards are accepted. Contact the firm online or call 931-266-4689 for a free initial consultation.
Suggested Reading
How military deployment impacts child custody in military divorces