MARYLAND MILITARY DIVORCE
MARYLAND MILITARY DIVORCE ATTORNEY
DIVORCE IS ALWAYS A VERY COMPLICATED AND EMOTIONAL SITUATION FOR ANYONE WHO HAS TO DEAL WITH IT.
When a couple decides to end their marriage and one spouse is serving in the military, divorce tends to get even more complicated. Make sure to contact an experienced attorney to help you calculate child support, determine child custody, divide retirement benefits and figure out the other complications.
In regards to child support, the military has regulations establishing interim child support guidelines and each branch of the service has different child support guidelines. Courts will look at BAH, separate ration, hazard pay, special pay, combat pay, bonuses and GI benefits when calculating support. If you are not currently paying support there may be regulations that mandate support of your family based upon your gross pay and which branch of the military you are associated with.
In regards to custody, you want to make sure you include language in your agreement that will allow you to see your child for a specific amount of time each week or month depending on your military schedule. In certain situations a Family Care Plan will be required for military families and this is designed to specify provisions for leave and vacations, provisions for surrogate visitation during deployment, methods of communication during deployment, provisions for your return and provisions for an out-of-area transfer. When filing for divorce in the state of Maryland you have to make sure your court has jurisdiction.
You must file in the state where your spouse is domiciled, where the military spouse is a resident, or where you and your spouse agree. Domicile is defined as your permanent home. You can keep a domicile even while not living there if you intend to return and permanently live there. Some indications of your domicile include: the address you use on your federal tax return where you own a home, where your immediately family live, where you register your car, where you register to vote, or the residence you declare in documents such as a will or insurance policy.
If you are stationed overseas or married to someone who is, you can still file in the U.S. Make sure to call an experienced Maryland military divorce attorney for help.
Overview of Federal Laws Impacting Military Divorce: The USFSPA
The Uniformed Services Former Spouses’ Protection Act (USFSPA) is a critical federal law that governs how military pensions and benefits are divided during a divorce. Under the USFSPA, state courts, including those in Maryland, are authorized to treat military retirement pay as marital property and divide it between spouses during divorce proceedings. This law does not mandate an automatic split of pensions but allows courts to apply state property division laws to determine how much, if any, of the pension a former spouse is entitled to receive.
In Maryland, the court considers factors such as the length of the marriage and how many of those years overlapped with military service when deciding pension division. A common rule used is the “10/10 rule,” which allows for direct payment of a portion of the military retirement pay to the former spouse through the Defense Finance and Accounting Service (DFAS) if the marriage lasted at least 10 years during active-duty service. However, even if the marriage does not meet this threshold, the former spouse may still be entitled to a share of the retirement pay; they would just need to receive it directly from the service member rather than DFAS.
The USFSPA also addresses access to other military benefits. For instance, former spouses may retain TRICARE health insurance and commissary privileges if they meet the 20/20/20 rule: the marriage lasted at least 20 years, the service member served at least 20 years, and the marriage overlapped the service period by 20 years. If the overlap is only 15 years, partial benefits may be available under the 20/20/15 rule.
Maryland courts use the USFSPA as a framework while considering state-specific laws, ensuring that both parties’ interests are balanced. It’s essential for divorcing couples to work with an experienced Maryland military divorce attorney who understands these federal regulations to ensure a fair and equitable outcome.
Residency and Filing Requirements for Military Members
Residency and domicile are key factors in determining where a military divorce can be filed. Unlike civilian divorces, military members and their spouses often have unique circumstances due to frequent relocations or overseas deployments. Understanding how these rules apply is essential for ensuring the court has proper jurisdiction over the case.
Checklist for Filing a Military Divorce in Maryland:
Determine Domicile
Domicile refers to the permanent home of either spouse. This is typically where a person intends to return and remain indefinitely. Indicators of domicile include:
- The address used on federal tax returns.
- Where a person is registered to vote.
- State of driver’s license or car registration.
- Home ownership or a long-term lease.
- Residence stated in legal documents such as wills or insurance policies.
Confirm Residency Requirements
Either spouse must meet Maryland’s residency requirement to file for divorce in the state:
- If the grounds for divorce occurred in Maryland, one spouse must currently reside in Maryland.
- If the grounds for divorce occurred outside Maryland, one spouse must have resided in the state for at least 6 months prior to filing.
Consider Military-Specific Residency Rules
A military member stationed in Maryland is not automatically considered a resident. Residency is determined by domicile, not duty station. However, Maryland courts can exercise jurisdiction if:
- The service member is domiciled in Maryland.
- The non-military spouse is a Maryland resident.
- Both parties agree to Maryland as the jurisdiction.
Understand the Role of PCS Orders
Permanent Change of Station (PCS) orders can complicate residency. For example:
- If a service member is stationed in Maryland temporarily but claims another state as their domicile (e.g., through state income tax forms or homeownership), they may file for divorce in their home state.
- The non-military spouse may file in Maryland if they establish residency there while the service member is stationed nearby.
Filing While Overseas
Military members or spouses stationed overseas can still file for divorce in Maryland if:
- They maintain Maryland as their legal domicile.
- The non-military spouse resides in Maryland and meets the state’s residency requirements.
Ensure Compliance with the Servicemembers Civil Relief Act (SCRA)
If the military spouse is on active duty, the SCRA allows for delays in divorce proceedings to ensure the service member’s ability to participate, especially during deployment.
Examples of How Residency Applies:
- Example 1: A service member stationed at Fort Meade maintains domicile in Texas but has a non-military spouse living in Maryland. The non-military spouse can file in Maryland, but the court must have jurisdiction over the military member.
- Example 2: A military couple married for 15 years, with the service member stationed overseas, owns property in Maryland and uses it as their permanent home. They may file for divorce in Maryland as it is their domicile.
- Example 3: A service member stationed in Maryland but claiming Florida as their domicile due to PCS orders may choose to file for divorce in Florida, provided their domicile is legally supported.
Military divorce requires careful consideration of residency and jurisdiction to avoid unnecessary complications. Consulting an experienced Maryland military divorce attorney is essential to navigate these complex rules effectively.
CONTACT MARYLAND MILITARY DIVORCE ATTORNEY FOR HELP
The Burton Law Firm understands how divorce can affect you and your family’s life indefinitely. Having years of experience handling all types of divorce cases throughout the state of Maryland, you can trust us to handle your case with care. Give us a call at (301) 420-5540 to speak with a Maryland military divorce attorney at The Burton Firm.
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Contact our office as soon as possible so our team of divorce attorneys can properly evaluate your case and protect your rights.