Military Divorce Lawyers in Wisconsin
Military Member Divorce Proceedings Differences
Despite a military divorce going through civilian court, specific laws and regulations distinguish the process. Through the Servicemember's Civil Relief Act, courts have the authority to delay divorce proceedings for 60 days while the service member is in active duty. This law protects service members a default divorce if they are unable to attend the trial proceedings. Ground, residency and filing requirements still apply as in civilian divorce cases.
Serving a Military Member
Serving an active military member is still required by law. If the divorce is not being contested, the service member can sign a waiver affidavit acknowledging receipt of the divorce papers.
Were You Recently Served Divorce Papers?
If you were recently served divorce papers in Wisconsin, you only have 20 days to respond! Act fast and get ahead of the process by consulting with one of our experienced family law attorneys.
Child Custody, Placement & Support
Once the divorce proceeding has begun, child custody and placement can present unique challenges due to frequent movement and the possibility of redeployment. While Wisconsin uses child support guidelines to determine the monetary amount, there are no guidelines for maintenance or spousal support. The spousal support and child support combined cannot be more than 60% of a military member’s pay. If the support is not paid appropriately by the service member, the military may take punitive action against the service member.
Spousal Support & Property Division
The federal government enacted the Uniformed Services Former Spouses’ Protection Act (USFSPA) to direct how military retirement benefits are calculated and divided in a divorce. Under this federal law, a service member’s retirement benefits will not be divided and distributed to any former spouse unless they had been married 10 years or longer while the service member was on active duty. Federal law supersedes state law, so regardless of how Wisconsin would view the retirement benefits, the state must follow the federal laws.
Contact Us for Military Divorce Legal Advice
These are a few of the complications that can arise in a military divorce. Contact one of our experienced attorneys today to discuss your options going forward. Divergent will be your strongest advocate in mediation and the courtroom.
The experienced attorneys at Divergent Family Law are ready to represent your best interest in the divorce process. We will advise you through all stages and issues that arise including:
- Filing a petition
- Temporary orders
- Child custody and placement
- Child support
- Spousal support
- Courtroom trial
Contact us today for a free initial consultation on your divorce.