Divorce Is Different For Military Members And Their Spouses
Going through a divorce as a serviceman or servicewoman can often present extra challenges that require the attention of an experienced attorney. If your family’s needs have recently changed, and you need guidance in the legal system, we can assist you with your needs.
At the Law Office of Kevin L. Beard, P.A., we have the experience you are seeking to handle your divorce matters with effectiveness and efficiency. Our law firm serves families throughout the greater Baltimore area in military divorce and family law matters.
Deployment And Divorce
Military divorce is handled differently than traditional divorces. Servicemen and servicewomen often reside in other states even though they are deployed in Maryland. We can assist you in discussing whether or not it is beneficial to file in Maryland versus your home state and how filing in a certain state can affect your family in the future.
Much of our practice is dedicated to military divorce matters, and we frequently work with families residing at the Fort Meade Military Base and the Aberdeen Proving Ground Army Facility. Our attorneys have significant experience in handling matters involving:
- Military pensions and retirement accounts
- Division of marital property
- Child custody and visitation matters
- Relocating and divorce
- Modifications — including alimony, child support and custody modifications
Handling special considerations for military divorces requires a nuanced understanding of how federal legislation overrides or complements Maryland domestic relations law. Under the Servicemembers Civil Relief Act (SCRA), active-duty military personnel receive crucial protections against default judgments, allowing temporary stays of court proceedings while deployed or executing orders. Furthermore, the Uniformed Services Former Spouses’ Protection Act (USFSPA) dictates how state courts evaluate military retirement pay, including Thrift Savings Plans (TSPs) and pensions. Maryland courts treat these assets as marital property subject to equitable distribution. Harmonizing federal statutory safeguards with local circuit court procedures helps protect your rights, finances and parental status throughout every stage of your legal proceedings.
With more than 40 years of experience, our attorneys have the knowledge and understanding of the law to assist you with even the most complex matters. Our Catonsville military divorce lawyers will listen to your goals for your family and help develop a strategy that meets those goals in the most efficient manner. Our legal team always looks out for our clients’ emotional, physical and financial well-being, and works very hard to achieve results that are favorable to their situation.
Frequently Asked Questions Regarding Military Divorce
Military service introduces unique legal hurdles during a dissolution of marriage. Our attorneys clarify critical legal considerations below to help you make informed decisions for your family. We break down the complex intersection of military protocol and Maryland family law to help safeguard your rights.
I am stationed at Fort Meade, but my home of record is out of state. Can I file for divorce in Maryland?
Yes, you may file in Maryland if you have been stationed here for at least six months prior to filing. Maryland law grants jurisdiction to local circuit courts over active-duty personnel living or stationed within state borders, regardless of your official home of record. Choosing where to file carries major strategic weight, as state laws differ significantly regarding property division, spousal support and pension calculations. Evaluating where tax returns, driver’s licenses and primary properties are established can clarify the proper legal forum for your case.
How does a Permanent Change of Station (PCS) order affect my child custody arrangement in Maryland?
A PCS order does not automatically alter an existing court order, but it constitutes a material change in circumstances requiring a formal custody modification. Maryland family courts evaluate child custody relocation cases by prioritizing the best interests of the child while balancing the service member’s military duties. Active-duty parents facing sudden transfer orders from Aberdeen Proving Ground or Fort Meade must act quickly to modify visitation schedules or establish temporary orders. Proactive legal planning helps prevent costly jurisdictional disputes following relocation.
Will my spouse get half of my TSP and military pension?
Not necessarily, as Maryland is an equitable distribution state rather than a strict 50/50 community property state. Under the USFSPA, state courts handle dividing retirement funds and TSPs accumulated during the marriage according to principles of fairness and total marital asset valuation. Additionally, the federal “10/10 rule” governs whether monthly disbursements to a former spouse are issued directly by the Defense Finance and Accounting Service (DFAS) or if funds must be distributed by the service member. Proper valuation is essential to safeguarding your long-term financial security.
Contact Us For Assistance With Military Divorce
Find out how you can benefit from our legal services. Contact our firm at 410-929-7197 or 888-366-6439 to schedule a free initial consultation with one of our attorneys.