Media Military Family Lawyer

Active duty military members go through the same type of domestic law issues civilians go through such as:

• Divorce – Military divorces may involve unique issues such as division of military pensions and child custody arrangements that take into account deployment schedules.

• Child custody – Military parents may face challenges in obtaining custody or visitation rights due to frequent deployments and changes in duty stations.

• Child support – Military child support calculations may differ from civilian calculations due to factors such as housing and subsistence allowances.

• Paternity – Active duty military members may face paternity issues due to long periods of separation from their child’s other parent.

• Protection from Abuse – Active duty military members may need protection from abuse orders for themselves or their family members while deployed or stationed far away from home.

• Spousal support – Military spouses may need to seek spousal support or alimony if they gave up their own careers or education to support their service member spouse.

While these issues may be similar to those faced by civilians, some additional complexities and challenges come with being an active-duty military member. That is why it is important to consult with a family law attorney experienced in handling cases for military families.

Jurisdictions and Residency Requirements for Military Divorces

Military personnel face unique challenges when considering divorce, including frequent relocations and deployments. The Law Office of Deborah M. Truscello understands the complexities of these matters and is committed to guiding you through the legal divorce process.

To initiate a divorce proceeding in Pennsylvania, specific jurisdictional requirements must be met. While the grounds for divorce are the same for both military and civilian couples (fault, no-fault, or mutual consent), the residency and service requirements can differ.

• Residency: Generally, at least one spouse must have been a Pennsylvania resident for six months prior to filing for divorce. However, there are exceptions for military personnel.

• Military Deployment: If a spouse is deployed outside of Pennsylvania, they can consent to the divorce proceeding through an affidavit. This allows the divorce to move forward under Pennsylvania jurisdiction.

• Service of Process: Proper service of divorce documents is crucial. When dealing with military personnel, personal service is typically required. However, there may be alternative methods depending on the circumstances.

In certain cases, jurisdiction for a military divorce may extend beyond Pennsylvania. Potential options include:

• The state where the military member has maintained residency for the past six months.

• The state where the non-military spouse has resided for the past six months.

• The state where the military member files their income taxes.

• The state where the military member is currently stationed.

Servicemembers’ Civil Relief Act (SCRA)

The Servicemembers’ Civil Relief Act (SCRA) provides certain legal protections for active-duty military members and their families, including protection from divorce proceedings. This act allows service members to request a stay or postpone civil court proceedings if their military duties make it difficult for them to participate in the case. However, it is important to note that this protection is not automatic and must be requested by the service member.

To qualify for SCRA protections, the service member must provide written notice and proof of active duty status to the court. This can be done through a letter from their commanding officer or military unit. It is important to consult with a family law attorney experienced in handling military cases to ensure that all necessary steps are taken to protect your legal rights.

Military and Retirement Benefits in Military Divorces

Division of military retirement pay can be a complex issue in divorce cases involving active-duty service members. This is because the Uniformed Services Former Spouses’ Protection Act (USFSPA) allows states to treat military retirement pay as marital property, subject to division in a divorce. However, certain requirements must be met for a former spouse to receive a portion of the military pension.

For example, the couple must have been married for at least 10 years during which time the service member performed at least 10 years of military service that is creditable toward retirement. A former military spouse must file a court order with the Department of Defense to receive direct payments from the military’s finance center.

It is crucial to have an experienced family law attorney who understands the intricacies of military divorce and pension division to ensure that you receive fair treatment in this area.