Issues Pertaining to A Military Divorce

Service members at Hill Air Force Base and other military institutions in Utah may be interested to know that, in most respects, a divorce involving military personnel is the same as any other divorce. Laws regarding alimony, child support and asset division apply to military couples without variance. By and large, the military defers to state statutes regarding these vital issues. However, there are certain conditions that specifically affect military divorces and particular factors with which military families alone must deal when going through a divorce.

For example, there are a number of states that permit exceptions to their residency requirement for divorcing military members stationed in those states. Furthermore, an issue unique to military divorces is the Uniformed Services Former Spouses’ Protection Act. Under this federal law, spouses may be entitled to a portion of their partner’s military retirement benefits. Pursuant to USFSPA, states may consider military pension property instead of income.

However, in order for ex-spouses to be eligible to receive retirement payments, their marriage must have been at least 10 years in duration with 10 overlapping years of military service. For this reason, the manner by which each individual state determines the date of division in a divorce is pivotal. The same couple may be considered legally married for 10 years in one state while for only nine years in another state, depending on the language in the states’ respective statutes regarding date of division.

Another issue particular to military divorces is the disparity between service members’ pay while deployed and while on base. This disparity may have implication when divorcing couples try to calculate child support. On account of these complex issues, it is imperative that military personnel or spouses of military members retain the counsel of a family law attorney when considering a divorce.

Source: Military, “Understanding Divorce in the Military“, September 09, 2014

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They got my dovorce going and stayed in contact with me every week. Every step of the way anytime I had questions they were answered fast. They made it so much easier.

troy byington

Clay was great to work with! He was very willing to explain everything I needed to know and helped me understand the options on my case. Very easy to work with.

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Jennifer and Dani, as well the rest of the team went above and beyond when it came to my case.
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Greg Misener

Marco and his team at Brown Family Law have created nearly the perfect system for getting divorced in Utah. From the initial intake, to gathering all of the necessary documentation, to the client communication in between. There is so much work that goes into getting divorced, but with Marco and his team you'll always know where you are in the process and what happens next, which is such a comfort. Would highly recommend.

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I would give them 10 stars if I could. Clay was professional and super organized. He took the time to explain everything. I would highly recommend him for any family law needed. Melanie was a godsend. She not only kept me continually informed of the progress, she sent texts of encouragement and support throughout the entire process. I would give her 100 stars for going above and beyond to make this experience less stressful. Her encouragement and genuine caring were comforting and calming. The entire staff at Brown Law are on your side and if you are lucky enough to get Clay and Melanie on your team you will not be disappointed. Thanks! Mack M.

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Alex Rogers

Nathaniel was an incredible partner throughout the divorce process. He was organized, responsive and respectful of my wishes while simultaneously giving me guidance and advice. I would recommend him to anyone.

Christie Cisneros

I couldn’t have made it through my divorce without Clay and his team! I am forever thankful for the hours and time spent with me to help navigate an extremely difficult time in life. They’re reliable, knowledgeable, and know how to get things moving in an efficient manner. Nothing but good to say here!!

Halie Bates

Working with Daniel Young at Brown Family Law was a truly positive experience during one of the most difficult times of my life. From the start, Daniel was knowledgeable, compassionate, and incredibly responsive.
If you need a family law attorney who combines expertise with empathy, I cannot recommend Daniel Young enough. He is a true advocate and a credit to Brown Family Law.

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Nathaniel and Carren have been absolutely incredible to work with. They kept me informed and in the loop throughout each step of the process. They always answered every question I had in a very quick and timely manner. I could not recommend them more.

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Issues Pertaining to A Military Divorce

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