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How do Military Divorces Differ from Civilian Divorces?

While military divorces are worked through in civilian court, they require lawyers who understand unique military matters. Specifically, they must be experienced with military rules relating to child and spousal support, the division of military pensions and benefits, service of process, and requirements regarding residency and filing.

The Delaware County divorce lawyers at the Law Office of Deborah M. Truscello are experienced in these matters, and provide safe, knowledgeable assistance in obtaining the divorce outcome you are looking for.

Federal and State Law Matters

Military divorce is subject to both state and federal law. On the federal side, laws will decide for you what jurisdiction the divorce will occur in. For example, while a service member may be stationed overseas or across the country, the default becomes the state in which they hold residence. Federal law also affects the way military pensions are split up.

Recognizing the complexities of the military life and changes in assignments, many states have eliminated or reduced residency requirements, allowing for filing where service members are stationed.

In general, service members and their spouses have three options:

  • File in the state where the service member claims legal residency
  • File in the state where the spouse claims residency
  • File in the state in which the service member is stationed

Whatever state they choose to file for their divorce in, state laws will govern how alimony and child support will be decided.

Laws Specific to Service Members

The Service members Civil Relief Act (SCRA) allows service members to request a stay of any civil action, including divorce and child custody hearings, while they are on active duty, or within 90 days of their release from active duty.

At the discretion of the local Pennsylvania court, under the Soldiers and Sailors Civil Relief Act, 50 UCS section 521, a postponement for the entirety of a service member’s active duty, and up to 60 days after, is a possibility. However, this right can be waived by any active duty service member seeking the divorce.

The Uniformed Services Former Spouses’ Protection Act (USFSPA) states how Pennsylvania courts may categorize military retirement pay.

Child support and alimony awards are not to exceed 60% of a service member’s pay. Amounts are calculated using Pennsylvania child support guidelines.

Different, But Not Too Different

Military divorces work differently from civilian divorces, but you should not allow these minor differences to make a difficult moment in your life more complicated.

Delaware County Divorce Lawyers at the Law Office of Deborah M. Truscello Assist Active Service Members with Divorce

Divorce is never easy, especially when your family has made such sacrifices for the nation. When you need counsel that knows the ropes of military divorce, talk to a Delaware County divorce lawyer at the Law Office of Deborah M. Truscello. We have the compassion to appreciate your problem, plus the legal knowledge and experience to seek what is best for you and your family.

Call us today at (610) 892-4940 or contact us online for a free consultation. We serve clients in Delaware County, Media, West Chester, and throughout the state of Pennsylvania including Bucks County, Chester County, Delaware County, Lancaster, Montgomery County, Norristown, Philadelphia, and Reading.

Contact the Law Office of Deborah M. Truscello

To discuss your case in a free, confidential consultation with attorney Deborah M. Truscello, Esq., call or fill out the form below. 

From our office located in Media, PA we serve the surrounding areas of

  • Bucks County
  • Chester County
  • Delaware County
  • Montgomery County
  • Philadelphia County
Including but not limited to
  • Allentown
  • Lancaster
  • Reading
  • West Chester

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Reasonable Rates & Fees

For Personal Injury, Workers’ Compensation and Social Security Disability cases, we have a contingency fee based on a percentage of what we obtain for you. We will not charge you any fee unless and until we settle your case, prevent the loss of your benefits or obtain benefits for you. 

For Family Law clients, we understand that financial difficulties often accompany divorce and other family law issues. Ask us about our reasonable and competitive hourly rates for your situation. 

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Why Clients Choose Deborah

Heather A
I have known Deb for years now and it all started in 2009 when I got hurt and needed legal help with my workers comp. I randomly chose Deb because of the things I read on her website and I liked that she had a take charge attitude about just about everything. She out-lawyered someone and got me more in a settlement for that and then also worked with me on another case and won that one as well for me. If you get to know Deb and her personal story, you will get to know an amazing single mom who has had her own struggles and has come out so much stronger. She will fight for you if you do your part as a client and follow her guidance. I have now used two women lawyers in Media and three men and I actually found the two women far more effective and both won my cases that the men lost. Without Deb and my other lawyer winning the cases for me that they did - I could have found myself disabled for good with no money to pay for the life I live because I can’t work now. I credit my ability to be able to eat and have transportation and all. I couldn’t be more grateful for their hard work they did for me. Deb has won two of my cases and I would absolutely refer others to her for the same kinds of cases and I would use her again if I ever needed her help again!
Daveen Carpenter
Deborah's team went above and beyond to get my case settled quickly. I am forever grateful
Rebecca Porter
If you ever need a worker’s compensation attorney, I highly suggest using Deborah Truscello. I had a work accident injury and was referred to Deborah. She was with me every step of the way, with this long-drawn-out process. She was there any time I had questions or needed advice on my rehabilitation. Now my case is settled. I am very happy how things turned out and I owe it all to her. I can't thank her enough. I will use her again if I ever need too.
Jackson Jones
Deborah is an excellent lawyer. She was professional, knowledgeable, and made me and my case feel important. She was always accessible and answered all of my questions. I would definitely recommend Debbie to anyone injured at work and in need of legal services.
I am a client of Deborah Truscello and also a woman of color. Deborah Truscello is not a bigot nor is she a racist. I hired Ms. Truscello back in 2016 for a very nasty custody case against a crazy man who has a history of dragging all his children through the court system. Ms. Truscello has been nothing but professional and well organized. She is very reliable and always available. I could contact her any time of the day or night and she is always responsive to my text messages, calls, and emails. If you are considering hiring her as your attorney I highly recommend you schedule a consultation and see for yourself you will not be disappointed.
Andrew Kriegh
Amazing law firm, they have helped me so much and enlightened me to the options I have, and to the right doctors who are still treating my issues... Very professional and very great people glad to have her in my team!!

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