Divorce and Custody for Military Families

Divorce and Child Custody for Military Families in Maryland

Serving in the military requires dedication and sacrifice. When a marriage ends or a custody dispute begins, military life can make everything more complicated. A military divorce in Maryland involves more than state divorce laws—it also includes federal protections, specific benefits, and unique rules for deployment, housing, and pensions. Without the right legal guidance, these issues can quickly feel overwhelming for military families.

Military divorces differ from civilian cases in several ways. Service members and their spouses must consider where to file—Maryland, another state, or a military jurisdiction. They also need to divide pensions, benefits, and allowances fairly. Custody matters become especially complex when one parent is deployed or stationed away from home. Maryland courts focus on the best interests of the child while recognizing the demands of military service, which often calls for flexible parenting plans and visitation schedules.

At The Burton Firm, we understand the unique challenges that military families face during divorce and custody cases. We help service members and military spouses protect their rights under Maryland and federal law. Our family law team serves clients across Prince George’s County and nearby areas, offering clear guidance and strong representation for every stage of the legal process.

If you’re facing a divorce or custody issue as part of a military family, you don’t have to go through it alone. We can help you understand your rights, protect your benefits, and secure your family’s future. Request a confidential consultation today to speak with an experienced Maryland military divorce attorney.

Key Takeaways

• A military divorce in Maryland involves both state and federal laws that protect service members and their spouses.
• Deployment, military housing, and pensions can directly affect divorce and custody outcomes.
• Maryland courts focus on the child’s best interests while recognizing the demands of military service.
• Strong legal guidance helps you protect your rights and benefits throughout the process.
• The Burton Firm supports military families across Prince George’s County with trusted representation in divorce and custody cases.

How Military Divorce in Maryland Differs from Civilian Divorce

Military families often face added challenges when filing for divorce in Maryland. Frequent moves, overseas deployments, and long absences can make it harder to decide where to file and how to manage the case. Understanding these differences helps families make clear, informed choices from the beginning.

Residency and Jurisdiction Requirements

Most civilians must live in Maryland for at least six months before filing for divorce. Military families have more flexibility. A service member may file in Maryland if they are stationed here, maintain Maryland as their home state, or live here temporarily during service. This flexibility helps families move forward even when military orders require frequent relocations.

Legal Protections Under the Servicemembers Civil Relief Act (SCRA)

The Servicemembers Civil Relief Act allows active-duty service members to delay court proceedings when deployment or military duties prevent their participation. This protection ensures they have a fair opportunity to respond to legal actions while serving. Our attorneys at The Burton Firm help service members exercise these rights and avoid missed deadlines or unfair judgments.

The SCRA also protects military spouses in certain circumstances. It prevents one-sided rulings and helps families maintain stability while a service member is deployed. Knowing how these protections apply allows both spouses to plan their next steps with confidence.

Dividing Military Pay, Pensions, and Benefits

Money matters can be one of the most complicated parts of a military divorce in Maryland. Service members earn unique forms of compensation, such as basic pay, housing allowances, and retirement pensions. These benefits must be reviewed carefully to ensure fair division between both spouses. Because Maryland follows equitable distribution laws, the court divides marital property based on fairness, not necessarily equality.

The Role of the Uniformed Services Former Spouses’ Protection Act (USFSPA)

The Uniformed Services Former Spouses’ Protection Act (USFSPA) gives states the authority to divide military retirement pay during divorce. It also allows qualifying former spouses to receive direct payments from the Defense Finance and Accounting Service (DFAS). To qualify, the marriage must have lasted at least ten years while the service member completed ten years of creditable military service—known as the “10/10 rule.”

Our attorneys guide clients through the USFSPA process to help ensure that pensions, retirement accounts, and other military assets are divided correctly. We also help spouses understand how benefits like the Survivor Benefit Plan can protect long-term financial security after divorce. When both parties know what to expect, it becomes easier to reach fair and lasting financial agreements.

TRICARE, BAH, and Other Military Benefits

Military families depend on benefits like TRICARE health coverage and Basic Allowance for Housing (BAH). Divorce can change eligibility for these benefits, so it is crucial to plan early. Former spouses may keep TRICARE coverage if they meet certain conditions under the “20/20/20 rule,” which refers to years of marriage, service, and overlap between them. We help clients determine eligibility and explore available alternatives when coverage ends.

We also work with clients to evaluate other benefits, such as commissary privileges, survivor benefits, and family separation allowances. Understanding how these resources change after divorce helps both spouses make informed decisions about their finances and future. The team at The Burton Firm combines experience in family law and federal military regulations to ensure fair treatment and protect our clients’ long-term interests.

Child Custody and Visitation for Military Families

Child custody is one of the most sensitive issues in any divorce, but military service can make it even more complicated. Deployments, frequent relocations, and long working hours can affect where children live and how parents share time with them. Maryland courts focus on what serves the child’s best interests, but they also consider the unique realities of military life. Creating a clear, flexible parenting plan helps families maintain stability during these transitions.

How Deployment Impacts Custody Decisions

Deployment can temporarily change a parent’s ability to be present with their child, but it does not remove their parental rights. Maryland law prevents courts from using deployment as the only reason to deny custody. Instead, judges may issue temporary modifications that allow children to stay with the non-deployed parent or another family member until the deployment ends. After the service member returns, the original custody arrangement can resume.

We help military parents prepare for deployment by drafting parenting plans that outline how decisions and communication will work while they are away. These plans often include video calls, email check-ins, and flexible visitation schedules to maintain a strong parent-child relationship. Our goal is to help families protect their connections even during long periods of separation.

Creating a Military Parenting Plan

A detailed parenting plan is essential for military families. It should address deployment, relocation, and changes in work assignments. A strong plan also sets guidelines for how parents will make decisions about education, healthcare, and travel. By addressing these topics early, families can avoid confusion and conflict later. At The Burton Firm, we work closely with clients to create parenting plans that balance stability for the child with the demands of military service.

We also help parents anticipate how future military orders might affect visitation. When both parents agree on a clear plan, it reduces stress and allows children to adjust more easily. Courts in Maryland value cooperation and often approve parenting plans that show both parents are willing to work together for their child’s well-being.

Relocation and Jurisdictional Challenges

Frequent relocations can raise questions about which state has the right to decide custody. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) helps determine which state’s court has authority. Maryland typically handles cases when the child has lived in the state for at least six months. If a family moves often due to military orders, these rules can become complex.

Our attorneys review every detail to ensure the proper court hears your case. We also coordinate with out-of-state counsel when necessary to protect our clients’ parental rights. Military families deserve stability and clarity during custody disputes, and we work to deliver both. Whether you are stationed in Maryland or recently transferred from another state, our team helps you understand your options and protect your child’s future.

Support for Military Spouses During Divorce

Military spouses play a vital role in supporting their families through the demands of service life. When a marriage ends, they often face financial and emotional challenges while adjusting to a new reality. Maryland law and federal protections help ensure that non-military spouses receive the support they need. Understanding these rights early allows both parties to plan for a fair and stable future.

Protecting the Rights of Non-Military Spouses

Non-military spouses often rely on the service member’s income and benefits during marriage. After divorce, questions arise about continued access to those resources. In Maryland, courts consider the length of the marriage, contributions to the household, and each spouse’s financial needs when determining alimony or spousal support. Our team at The Burton Firm helps clients gather documentation and present a clear case for fair support.

Some former spouses may continue receiving military benefits if they meet certain requirements. For example, those who qualify under the “20/20/20 rule” can retain access to TRICARE and other privileges. We guide clients through these eligibility rules and help them secure the benefits they deserve. Our goal is to protect financial stability and ensure that each spouse receives fair treatment under both Maryland and federal law.

Emotional and Legal Support for Families

Divorce can be especially stressful for military families who are already managing distance, deployment, and constant change. We approach every case with understanding and respect, offering legal solutions that minimize conflict and uncertainty. Our attorneys provide clear communication and reliable support from start to finish.

We also connect clients with local family resources and counseling options when appropriate. Whether you are a service member or a military spouse, you deserve representation that values your service and protects your future. With our experience in Maryland family law and knowledge of military regulations, we help families move forward with confidence and peace of mind.

Why Choose The Burton Firm for Your Military Divorce in Maryland

Choosing the right attorney makes all the difference in a military divorce in Maryland. Military cases require knowledge of both state and federal law, as well as an understanding of how service life impacts family decisions. At The Burton Firm, we combine legal skill with compassion to guide our clients through this process. Our experience with military divorce and custody cases helps families find clarity and stability, even in challenging times.

Experience with Military and Family Law

Our attorneys understand how military service affects divorce, custody, and financial arrangements. We handle complex issues such as dividing military pensions, enforcing parenting plans during deployment, and protecting benefits for spouses. With our deep knowledge of Maryland family law and military-specific statutes, we provide comprehensive strategies that protect our clients’ rights from start to finish.

Serving Families Across Prince George’s County

Our firm proudly serves military families throughout Prince George’s County and surrounding communities. Whether you are stationed nearby or recently relocated to Maryland, we tailor our approach to your situation. We take the time to understand your needs, explain every option, and help you make decisions with confidence.

Dedicated Legal Guidance and Personalized Support

Every family’s story is different, and we believe in providing legal solutions that reflect that. Our attorneys stay accessible, responsive, and focused on achieving the best possible outcome for our clients. We approach each case with respect and commitment, ensuring that every service member and spouse receives the personal attention they deserve. From the first consultation to the final agreement, we stand by you every step of the way.

Protecting Your Family’s Future

Military families face unique challenges when navigating divorce and custody cases in Maryland. Frequent moves, deployment, and benefit structures can make these cases more complex than civilian divorces. However, with the right legal guidance, you can protect your rights, your benefits, and your relationship with your children. Understanding how Maryland and federal laws work together gives you the tools to make informed decisions that safeguard your family’s future.

At The Burton Firm, we approach every case with the care and attention it deserves. Our attorneys combine legal knowledge, compassion, and years of experience representing military families throughout Prince George’s County. Whether you are a service member or the spouse of one, we help you move forward with clarity and confidence.

Let us help you find stability and peace of mind during this difficult time. Contact our team today to learn how we can protect your interests and support your next steps. Request a confidential consultation to speak with an experienced Maryland military divorce attorney and take the first step toward a secure future.