Indiana Military Divorce Attorney
When you are going through a divorce, you want to focus on defending your assets, protecting the best interests of your children, and starting over. You don’t want the additional headache of the additional considerations you must account for if you are a member of the U.S. military. Fortunately, the skilled Indianapolis divorce lawyers at Eskew Law have experience with formulating settlement agreements that conform with military law and can assist you with negotiating assets involved with your military service, such as retirement accounts.
Military divorces function similarly to regular divorces. However, special laws pertain to the distribution of assets for military members that confuse and convolute the process. In addition, if certain rules and procedures are not followed, the armed forces will refuse to honor the divorce decree or settlement agreement as it pertains to the division of assets associated with military service, such as pensions. Eskew Law has worked with countless Indiana military families and understands how stressful and trying a divorce can be for your family. We will utilize our knowledge, training, and experience to help the divorce process go as smoothly as possible so you can concentrate on your children and start a new life. To discuss how we can assist with your military divorce, call Eskew Law at (317) 974-0177 now for a consultation.
What Happens During a Divorce?
When you file for divorce, you have two options. First, you and your former spouse can resolve issues on your own. These issues include division of property and liabilities, child custody, child visitation, child support, and spousal maintenance. You can draft a marital settlement agreement, a binding contract that disposes of the issues, or you can enter mediation or arbitration in an attempt to arrive at an agreement. Second, if negotiation fails, you can request court intervention. The court will review evidence and testimony and determine any contested issues for you, finalizing its decision in a divorce decree, custody order, and child support order.
How Does Military Service Affect a Divorce?
The process in a military divorce is identical with one exception: a special order must be drafted by the judge to ensure that the non-military spouse will have access to assets associated with the military. Military members receive certain benefits that are not available to non-military members. For instance, active duty and honorably discharged military members are eligible for retirement funds. The value of the fund is determined by the length of service. The Uniformed Services Former Spouses’ Protection Act permits the non-military spouse to receive a portion of the member’s retirement fund during the division of assets. Because the retirement pay is meant to be given directly to the military member, the non-member must receive a special order from the judge to provide to the armed forces to access this pay.
In addition, if the couple was married for at least 20 years, during which the member served in the military for at least 20 years, the non-member spouse may be able to receive other military benefits, such as health insurance and commissary access.
Finally, because active duty spouses who are on an assignment may not be able to respond to divorce complaints within the required time period mandated by Indiana law, the Service Members’ Civil Relief Act allows the military member to request an extension to respond.
Skilled Indianapolis Family Law Attorney with Experience with Military Divorces
If you are concerned with the complexity of a military divorce, consult with our proficient Indianapolis divorce lawyers. We take this privilege and responsibility seriously for all of our clients throughout Indianapolis and Central Indiana. For a consultation, call Eskew Law at (317) 974-0177 today.