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Military Divorce / Custody Issues

A divorce can be a very difficult, complicated and stressful time for military couples so it’s important you receive not just a general overview of the topic but also consult an experienced attorney to explain the confusing details.

Although you will most likely be following the same procedure for civilian couples who are filing for divorce, there are unique legal issues that are specific for military couples such as:

  • Determining the custody of the child
  • What you are entitled to, whether its commissary, exchange or medical benefits depends on the length of time you were married,
  • The length of time your spouse served in the military and the number of years the marriage overlapped with his or her military service.

To receive full military benefits and privileges, you must meet the requirements under the “20/20/20 Rule”.

The un-remarried former spouse will receive medical, commissary, exchange and theater privileges if he or she was married to the military member for at least 20 years at the time of the divorce or if the military member has performed at least 20 years of service or the former spouse was married to a member during at least 20 years of the member’s retirement creditable service.

If you don’t qualify under the above rule, you may still be eligible to one year of transitional military benefits for purposes of military medical care only if the former spouse can show three things: the service member performed at least 20 years of creditable service, the parties’ marriage lasted at least 20 years; and the period of the marriage overlapped the period of service by at least 15 years.

Child custody arrangements are subject on individual state laws and the courts make determinations when you request the court’s permission to relocation with your child to another state. Make sure to contact an experienced Maryland military divorce attorney who can explain to you all the logistics and potential options.

“Divorce is about change, evolution, and a new beginning. The divorce process causes spouses to view and interact with each other in a completely new and different way. As such, amidst this change, it is necessary to have a strong, zealous, and aggressive lawyer to help the client navigate through these uncharted waters.” — Aubrey Burton, Jr., Maryland divorce attorney

At The Burton Firm, the attorney-client working relationship provides the essential building blocks of a successful family law practice. Attorney Aubrey Burton, Jr., brings a wealth of knowledge, experience and zeal to the task of advising and representing clients. Call (301) 420-5540 or e-mail the law firm to schedule a consultation regarding any aspect of a Maryland divorce.