Military Divorce Lawyer in Sandy

Civilian divorce is complicated, but military divorce brings up several unique issues. If you are a military family going through a divorce, you need an experienced military divorce lawyer in Sandy to help you out.

Brown Family Law has over 150 years of combined legal experience and a dedication to serving our clients. We believe in a smarter way to do divorce and will use every resource and strategy to seek a favorable resolution on your part.

We are highly familiar with state and federal laws that apply to military families and can manage your case in a way that protects your and your family’s privacy and dignity. Contact us online or call today to speak to a divorce lawyer in Sandy.

Why Military Divorces Are More Complicated

Military divorces are significantly more complicated than civilian divorces for a whole host of reasons. As such, you should work with a Sandy family lawyer to ensure that proceedings are fair and that your interests are represented.

Residency Requirements

Generally, spouses must have lived in the county for at least 90 days (three months) before they can file for divorce in Utah. Service members can still meet state residency requirements for filing for divorce in Utah even if they are deployed outside the state.

Military Retirement Benefits

Military retirement and pension benefits are not split according to state laws during divorce, but instead according to federal laws. The non-military spouse can receive direct payments if they’ve been married for at least ten years, during which the military spouse served at least ten years. Other benefits are split based on the length of marriage and overlap with military service.

Survivor Benefits Plan

Divorced spouses can still qualify for the Survivor Benefit Program if the military spouse dies, but you must notify the government of the change from “spouse” to “former spouse” within a year of finalizing the divorce.

Active Duty Protections

Military members have active duty protections that can change how a divorce proceeds. For example, the Servicemembers Civil Relief Act (SCRA) allows active duty service members to pause or delay civil proceedings until they return home. These protections can change divorce timelines and scheduling.

Child Custody and Parenting Plans

Deployment schedules and moves can complicate custody proceedings as one parent might need a more flexible parenting plan. These plans can be harder to enforce or modify if one or both spouses have military obligations they must fulfill.

Process of Getting a Military Divorce in Sandy

The exact steps of getting a military divorce are largely the same as a civilian divorce, aside from the additional complications from state and federal laws. First, the initiating spouse must file a petition with the court and serve the other spouse with a notice.

This process can be complicated if the receiving spouse is active duty military on deployment away from Utah. Once the other spouse has been notified, they can contest the divorce or accept it by filing a waiver affidavit acknowledging it.

Your exact timeframe will depend on numerous individual factors, such as the length of the marriage and the complexity of the estate. Assuming there are no disputes, a military divorce can be finalized in as little as three months.

How a Sandy Family Lawyer Can Help

Military divorce intersects with both state and federal law, so you need an experienced attorney who is familiar with the rules underlying the process. Below are just a few of the ways that a military divorce lawyer from Brown Family Law can help you.

• Calculate military benefits. A lawyer can assess your and your spouse’s finances to calculate the appropriate amount of military benefits each is entitled to.
• Negotiate custody and support. A family lawyer from our firm can also draft and negotiate custody or support agreements and mediate disputes.
• Representation in hearings. If divorce proceedings require hearings in a family court, we can represent your interests and present arguments or evidence in your favor.
• Administrative support. Filing for a divorce requires submitting substantial amounts of paperwork and documentation. We can handle administrative matters so that you meet all filing deadlines and requirements.

We have been a reliable source of family law representation for over a decade and have built a reputation for our decisive and proactive approach to family law matters. We believe in a smarter way to do divorce, not a louder one.

Contact a Sandy MIlitary Divorce Lawyer From Brown Family Law Today

You technically don’t need a lawyer to get a divorce, but it can only help your case. A lawyer can help you understand your rights and represent your interests to ensure you are not taken advantage of during the process. Brown Family Law can be your advocate and provide a strategic and calm demeanor to divorce proceedings.

Contact Brown Family Law today to schedule a consultation with a military divorce lawyer in Sandy.