Military Divorce

Divorce Pertaining to one or both parties in Active Military Service

military divorceMilitary divorce can be far more complicated than civil divorce.  This is because one or both parties may be enrolled in active military service. This issue can usually be resolved if the military member(s) are on leave or break from active service but there are some cases where one or both parties are enrolled in active service away from home. Military Divorce Attorney Kathryn Wayne-Spindler has more than 20 years experience handling divorce and family law cases all over the world.

Hartland Divorce Lawyer Prepares Clients for Military Divorce

Establishing residency – for purposes of filing for military divorce in Michigan or any state, a service member should maintain a driver’s license, own property, pay taxes and/or otherwise show a desire to stay a resident in their home state. If there are minor children involved and you are a resident of Michigan, it is possible that Michigan may not have jurisdiction over the minor children regarding custody, parenting time or child support. These issues are handled in the children’s home state where they typically have resided for the previous six months during a military divorce.

Various acts and legislation have been put into place to ensure a just trial for a military service member in the court of law.  Some of these acts include the Soldiers and Sailors Civil Relief Act (SSCRA), and the Uniformed Services Former Spouses Protection Act (USFSPA).  These acts highlight issues like the military members’ continued eligibility to serve for his/her country, and the rights of the military member regarding a pardon on days to meet with his/her lawyer and opposing party. These acts extend to cover issues like child support and spousal support. In Michigan, both child support and spousal support/alimony awards may not exceed 60 percent of a military members pay and allowances. The normal Michigan child support guidelines, worksheets and schedules are used to determine the proper amount of child support or spousal support/alimony to be paid.

Michigan Divorce Attorney Advises Clients About Military Divorce

As for marital property division, the technicalities of this are found in the USFSPA, which governs how military retirement benefits are calculated and divided up in the event of a military divorce. The USFSPA is the governing body that authorizes a direct payment of a portion of a military retirees pay to the former spouse. Given that there are so many technicalities and “fine-print” to the military divorce process, it is important for both parties to contact an experienced law firm like Kathryn Wayne-Spindler & Associates that can protect assets and needs.

Kathryn Wayne-Spindler & Associates attorneys have represented service members and their families stationed throughout the United States and abroad. We can consult with you via email and/or by phone. Contact the law office of Kathryn Wayne-Spindler & Associates at 248-676-1000. 
Kathryn Wayne-Spindler & Associates have many satisfied clients throughout the five counties of Southeastern Michigan – OaklandWashtenaw, Wayne, Genesee and Livingston. The Michigan Family Law Attorneys of Kathryn Wayne-Spindler & Associates have one simple objective: to handle our clients’ legal worries so they can concentrate on life and family. Contact Kathryn Wayne-Spindler & Associates today to learn more about our experience and success at 248-676-1000. We are conveniently located in Milford, Michigan. We help clients throughout Milford; Highland; Hartland; White Lake; Commerce; Waterford; West Bloomfield; Walled Lake; South Lyon; New Hudson; Wixom; Linden; Holly; Fenton; Grand Blanc; Flint and many more local communities.

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