If you’re in the military and you’re going through a divorce, you may need a lawyer to help you fight your case. Contact a military divorce attorney in Vigo County to begin putting together a detailed plan today.
Divorce is never an easy process to go through. When you and your significant other have to decide on the custody of your children, how to divide your finances, or whether spousal support is necessary, it can feel incredibly overwhelming. Being an active military member can make the divorce process even more complex because you or your spouse may have specific requirements placed on you.
If you’re trying to file for a divorce but aren’t sure where to start, a Vigo County military divorce lawyer from Rowdy G. Williams Law Firm can guide you through the legal process. Our attorneys are experienced in handling family litigation involving both military and civilian families. We’ll help you settle your divorce properly and we’ll try to prioritize all of your needs along the way.
Requirements for a Military Divorce in Indiana
When you’re in the military, there are certain requirements you must meet in order to file for divorce. To complete a divorce, both spouses will need to provide proof of residence; the military spouse will need to be served with divorce papers; custody, alimony, and property division will need to be decided; and, a ruling will need to be attained in family court.
Laws That Affect Military Divorce
The Uniformed Services Former Spouses’ Protection Act (USFSPA) is an act that protects former military spouses. Retired military pay will be included in the division of assets during a military divorce as opposed to counting it as income. Although the military spouse can take a portion of retired pay, the service member can claim certain deductions that may reduce this asset.
Under the USFSPA, a military spouse may also be able to continue receiving benefits through the military after the divorce, such as commissary, exchange, and healthcare benefits. To be eligible for these benefits, the service member must have served for twenty years, the marriage must have lasted twenty years, and these timelines must overlap.
The Service Members’ Civil Relief Act (SCRA) allows service members to impose a delay on a divorce case in the event that the military spouse files for divorce and the service member is unable to proceed due to their active duty status.
Normally, in civilian divorces, if one spouse doesn’t respond to divorce papers that have been served, then the spouse who filed can win the case after a certain time period. The SCRA makes an exception for service members because their job can sometimes come in the way of their ability to handle a divorce in a specified period of time.
Contact a Vigo County Military Divorce Attorney
If you’re in the military and are having trouble handling your divorce, you may need the help of an experienced attorney. Divorce is a complex process, especially if kids are involved or if you and your spouse aren’t able to communicate effectively. At Rowdy G. Williams Law Firm, we can speak on your behalf and try to get the judge to see your point of view.
If you’re ready to discuss your case with a Vigo County military divorce lawyer, fill out the contact form below or call 1-812-232-7400 to schedule a free consultation.