Maryland Military Divorce Attorney
If youre planning to get a military divorce in Maryland, you will need to be aware of certain laws that dont apply to a civilian Maryland divorce. For example, if your spouse is an active-duty member of the military, they will have protection against a default divorce if they are in no position to respond to Maryland divorce proceedings.
Before you move forward with a military divorce in Maryland, you should speak with a Glen Burnie divorce attorney . Your attorney can give you a thorough explanation of the intricacies of a military divorce in Maryland and guide you on how best to proceed.
Fast Facts About of a Military Divorce in Maryland
The proceedings for a military divorce in Maryland could be postponed throughout your spouses tour of duty and for 60 days after they complete the tour of duty, per the Soldiers and Sailors Civil Relief Act. This is usually the case when your spouse is involved in a war. However, if your spouse is eager to have the Maryland divorce proceed, they can waive the postponement of proceedings.
Some other facts about a military divorce in Maryland include:
Serving a spouse on active duty the military spouse must receive a summons and copy of the divorce action before a court in Maryland can have jurisdiction over that spouse. If the Maryland divorce is uncontested, the military spouse will only have to sign a waiver that will be filed to acknowledge Maryland divorce proceedings.
the military spouse must receive a summons and copy of the divorce action before a court in Maryland can have jurisdiction over that spouse. If the Maryland divorce is uncontested, the military spouse will only have to sign a waiver that will be filed to acknowledge Maryland divorce proceedings. Filing and residency requirements you or your soon-to-be ex must live in Maryland. Additionally, one of you must be stationed in Maryland.
you or your soon-to-be ex must live in Maryland. Additionally, one of you must be stationed in Maryland. Grounds for a military divorce in Maryland these are the same as the grounds for a civilian divorce in Maryland (adultery, felony conviction, cruel treatment, voluntary separation, criminal incarceration).
these are the same as the grounds for a civilian divorce in Maryland (adultery, felony conviction, cruel treatment, voluntary separation, criminal incarceration). Division of property federal law mandates that your military spouses retirement funds will not be divided unless you were married at least 10 years while your spouse was on active duty.
There are also special laws that apply to spousal support and child support in a military divorce in Maryland.
Spousal Support and Child Support in a Military Divorce in Maryland
Like civilians, military members may be obligated to support their children and spouses. Therefore, their pay could be garnished to ensure proper support.
If you and your spouse have children, you should be aware that alimony and child support in a military divorce in Maryland cannot exceed 60% of the military spouses base pay and allowances. A Glen Burnie divorce attorney can help you calculate the amount of child support or alimony to which you may be entitled.
Your military spouse could also fight for custody of the children, although military deployments and field training obligations might complicate matters.
Preparing for a Military Divorce in Maryland
The process of a military divorce in Maryland can be particularly time-consuming because of the nature of military service, especially if your spouse is stationed overseas or in a remote location.
Federal and state laws also complicate matters in a military divorce in Maryland. However, you can get the assistance of an experienced Glen Burnie divorce attorney to help you through the process. Look for a Glen Burnie divorce attorney who is well versed on the basic divorce process, as well as the military divorce process in Maryland.
Before you meet with your attorney, you should gather information such as your spouses:
military pay grade;
pay dates;
status;
years of service;
estimated military retirement pay;
special allowances;
spouses status during the marriage; and
and point accounting statements (apply to members of the reserve/guard).
Going through a military divorce can be an especially challenging time. Your Glen Burnie divorce attorney will keep your case on track throughout each stage of a military divorce in Maryland.
Contacting a Glen Burnie Divorce Attorney’