Glen Burnie, MD Military Divorce Lawyers
Knowledgeable Military Divorce Attorneys Serving Clients in Glen Burnie, Maryland
A divorce where one or both spouses are members of the armed forces can come with additional complications. Military members are entitled to certain protections, and their spouses may be able to receive certain benefits. If you or your spouse is an active service member, a Glen Burnie military divorce attorney can help you understand your rights and effectively advocate for you in court.
At Zide Law Group, LLC, our team of lawyers has over 50 years of combined legal experience, so you can rest assured that your case will be handled by true counselors of the law. We will do everything we can to protect your best interests during your divorce as we prioritize your needs.
Servicemembers Civil Relief Act (SCRA)
Obviously, a spouse in active duty is at a serious disadvantage during divorce proceedings when they are unable to make court appearances. The Servicemembers Civil Relief Act, or SCRA, is a way of providing active duty spouses with a way to protect themselves during the divorce proceedings.
By invoking the Servicemembers Civil Relief Act, an active duty service member can request a stay on divorce proceedings for up to three months. This can protect a spouse from having a default judgment entered against them for missing a court date. However, keep in mind that SCRA is not entered automatically, as you must petition the court to pause the divorce proceedings. At Zide Law Group, LLC, we can help you take prompt legal action to protect yourself during the ongoing divorce proceedings, giving you a fair chance to advocate for yourself.
Dividing Military Pensions
During a divorce, the spouse of a military member may be able to claim military retirement benefits in the division of property. The Uniformed Services Former Spouses' Protection Act (USFSPA) allows for spouses to petition for these benefits when certain criteria are met. Namely, the marriage must have lasted for at least 10 years, during which the service member must have spent 10 years in the military.
When military benefits are divided, they are treated as marital assets. This means that the court will divide them in an equitable fashion, factoring in the needs of both parties as well as each spouse's contributions to the marriage. If awarded, retired military pay will be given out as a percentage of the pension or a fixed monthly amount. At Zide Law Group, LLC, we can advocate for a favorable split of benefits on your behalf, advocating for your property rights in court.
How Does Military Service Affect Child Custody?
Child custody is a unique area of family law, separate from other divorce concerns like alimony or property division that can be handled neatly in a prenuptial agreement. Instead, the courts will always rule in favor of the child's best interests.
Figuring out a reasonable schedule for reasonable parenting time and visitation can be difficult when you are actively deployed. You may have to re-negotiate an existing custody order and petition the court for a modification of custody. In your parenting plan, you might include terms that specify when you can reach out to your child and how visits will be handled until your military obligations are finished. Our lawyers can stand up for you in a court of family law as we push for a solution that preserves your precious bond with your child.
Meet With a Glen Burnie, MD Military Divorce Attorney Today
At Zide Law Group, LLC, we represent armed service members and their spouses in divorce and family law concerns. Our Glen Burnie military divorce lawyers have the experience and legal knowledge to guide you through your case. Call us at 410-760-9433 or contact us online to set up an initial consultation.