Military Divorce Attorneys in Rhode Island

Divorce is already emotionally taxing on its own. When one spouse is in the military, it can soon become overwhelming. Military divorces can be particularly tough due to several unique factors, including deployment and separation, the necessity of frequent relocation, the complexities of military benefits, and the demands of the military. 

Fortunately, The Law Offices of Howe & Garside, Ltd is experienced in handling the unique challenges of military divorces. With knowledge of the intricate laws and regulations surrounding military divorce, their attorneys are well equipped to guide service members and their spouses through this complex process. 

Which State Should the Divorce Be Filed In?

Being aware of all your options is beneficial when determining what state to file in. Many factors come into play when filing for a military divorce, such as: 

• Service Member's Legal Residency: The service member must be a legal resident of the state where the divorce is filed. This underscores the importance of understanding the nuances of residency and domicile, especially when dealing with situations that span different states or countries. 

• Presence Beyond Military Duty: The service member should be living in the state where the divorce is filed for reasons other than because they were sent there by the military. This means that the service member's presence in the state isn't solely due to military orders but that they have a substantial connection to the state. 

• Waiving Residency Requirements: Courts may waive residency requirements for those who have moved frequently due to military service. This provision is particularly beneficial for military families who often relocate due to the demands of military duty. 

• State-Specific Divorce Laws: Each state has its own unique set of rules regarding divorce. It's imperative to understand which state's laws would be more favorable for your situation. Regardless of where the marriage took place, the laws of the state where the divorce is filed will govern the issues that arise in the divorce. 

Serving clients across Rhode Island, including Providence, Warwick, Bristol, Westerly, Woonsocket, Lincoln, and Pawtucket, The Law Offices of Howe & Garside, Ltd are proficient in handling the intricacies of military divorces. They're committed to ensuring that clients' rights are protected, and their needs are prioritized during these challenging times. 

The Uniformed Services Former Spouse Protection Act 

The Uniformed Services Former Spouse Protection Act (USFSPA) plays a significant role in military divorces. It provides legal protection for former spouses of service members and governs the distribution of military retirement pay in divorce settlements. 

Here are some key aspects of the USFSPA that need to be understood: 

• Division of Military Retirement Pay: The USFSPA allows state courts to treat disposable retired pay either as property solely of the member or as property of the member and his spouse, in accordance with the law of the jurisdiction of such court. This means that the military retirement pay can be divided between spouses in a divorce. 

• 10/10 Rule: According to the USFSPA, the Defense Finance and Accounting Service (DFAS) will directly pay a portion of a military retirement pension to the former spouse if the couple was married for at least 10 years during which the service member performed at least 10 years of creditable military service. 

• Access to Medical Benefits: The USFSPA also addresses the issue of ongoing medical care. Depending on the length of the marriage and the overlap with the service member's time in service, a former spouse may continue to qualify for medical benefits. 

• Exchange and Commissary Privileges: In certain cases, former spouses may retain privileges to use the exchange and commissary if the marriage lasted for at least 20 years, the service member performed at least 20 years of service eligible for retirement pay, and there was at least a 20-year overlap of the marriage and the military service. This is known as the 20/20/20 rule.

• Protection from Legal Proceedings: The USFSPA works alongside the Servicemembers Civil Relief Act (SCRA), which provides certain protections from civil actions against service members who are called to active duty. It doesn't allow for divorce proceedings to continue until the service member has returned from active duty. 

The Law Offices of Howe & Garside, Ltd, with their established practice in Newport and Lincoln, Rhode Island, is knowledgeable about the intricacies of military divorce and can assist its clients in understanding their rights and options under the USFSPA. The firm strives to ensure that the rights of its clients are protected throughout the divorce process. 

Divorce Overseas

A military divorce taking place overseas requires careful consideration. For instance, determining where to file for divorce can be a pivotal decision. According to Forbes Advisor, the service member must be a legal resident of the state where the divorce is filed.

Moreover, the Servicemembers Civil Relief Act protects active-duty service members, allowing for stays in court proceedings when their military duties prevent them from participating. This ensures that service members can focus on their responsibilities without being burdened by legal matters. 

Indeed, military divorces, especially those occurring overseas, require a high level of legal acumen and experience. The Law Offices of Howe & Garside, Ltd, with its proven track record, is well-positioned to provide support. Serving clients across Rhode Island, including Providence, Warwick, Bristol, Westerly, Woonsocket, Lincoln, and Pawtucket, the firm stands ready to assist service members and their spouses through the challenges of military divorces, both at home and abroad.