DIVORCE ATTORNEYS

FOR MILITARY

MEN AND WOMEN IN WI

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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.

Servicemembers' Civil Relief Act

To qualify for the proceedings under 50 U.S.C. § 3901 et seq, the servicemember must be deployed on active duty when the divorce is served. The servicemember is required to submit a written request to the court that describes their circumstances and why a stay should be granted.

Requirements for this relief include:

Active duty status
A written request submitted to the court
Written documentation from the servicemember's command to confirm active duty requirements

Please note that deployment overseas does not necessarily constitute grounds for a proceeding stay. Servicemembers should expect to provide sufficient evidence to demonstrate they are unable to attend proceedings. Additional stay requests can be filed, but the court may rule against them if the servicemember’s attorney can appear in their stead.

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.

Military Benefits

Benefits available to former spouses of military servicemembers whether retired or active duty are governed by The Uniformed Services Former Spouses’ Protection Act 10 U.S.C. § 1408. Having representation that understands military benefits and the combination of federal and state laws that are applicable to them is essential.

Military Pension: The former spouse of a servicemember may be entitled to a portion of the servicemember’s pension if they were married during 10 years of creditable military service (referred to as the 10/10 rule).

Survivor Benefit Plan: Servicemembers who are eligible to receive military retirement pay may be obligated to select their former spouse to receive military retirement pay after the servicemember's death so long as the servicemember predeceases the former spouse. If this has been ordered by the divorce court, the former spouse must submit a request to DFAS within one year of the order granting a divorce.

Health Insurance: A former military spouse may be entitled to continuing military health insurance through age 65 if they were married to a servicemember during 20 years of creditable military service. Another way for a former military spouse to receive benefits for a year is known as the 20/20/15 rule – married for 20 years to a servicemember with 20 years of creditable military service, of which 15 years they were married.

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.

Wisconsin Divorce Process

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:

Meeting With a Divorce Lawyer: 3 Things You Need to Discuss

Taking that leap toward starting a divorce can be a daunting and emotional experience. As you prepare to consult with an attorney, make sure you are prepared to discuss important details to your case. There are three main things that always come up in a consult:

1. Property Division and Assets

In a divorce, there will have to be a division of property owned by each party. At your initial consultation, you should have a rough idea of all the major property, assets, and debts in the marriage. Documentation plays a crucial role in divorce, so getting the documentation together on all of the assets and debts is a key move to organize yourself for your consultation.

2. Child Support, Placement, and Custody

If there are minor children that are a product of your marriage, you are going to have to come up with a child support, placement, and custody plan. In Wisconsin, child support should be expected because both parents are legally obligated to financially support their children. In divorces, placement and support tend to be the most difficult issues to resolve. It is imperative that you work with your attorney, letting them know all of the skeletons in your closet so they can work with you to deliver the best results for you. At the end of the day, each party needs to keep the children’s best interest on the forefront of their mind when discussing this topic.

3. Attorney Fee Structure and Timeline

When finding a Wisconsin family law attorney, you want to ensure that their fees and fee structure are well within your budget. A respectable attorney will be up front and forward with their costs, meaning no hidden fees. Be prepared to discuss fees with an attorney and know realistically what you can afford up front or if you need a payment plan.

An attorney can also go over a timeline as to the divorce. In Wisconsin, there is a minimum 120 day waiting period, but an experienced attorney can discuss with you the realistic timeline for a divorce.

The best thing to do is to have an attorney who understands you unique position and who is willing to fight for you. It is important you are able to trust and confide in your divorce lawyer and that you choose one who is experienced in family law.

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