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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Lesia Patterson

Going through the divorce process can be overwhelming, exhausting and emotionally draining.
I did my homework to find the perfect lawyer to represent me knowing I could have peace of mind throughout the process.
Leilani Whitmer and her paralegal Idania did not disappoint. Their professionalism and dedication to my case was outstanding and fair.
Leilani had just had surgery a few days before mediation and showed up on crutches and ready to go. That’s dedication!!!
I am highly recommending them to anyone looking to feel at ease during a difficult time.

Belynda Magalei Winger

Anne-Greyson helped me with my post divorce issues after Clay handled my divorce. She was amazing in getting my issues resolved and I was even more thankful to have worked with Brown Family Law again. I will never stop praising this team for all of their hard work!!

Jaymee Johnson

Brown Family Law is an amazing law firm. Clay is always so helpful and is very easy to talk to and personable. If you need help, they are definitely the place to call! I would recommend Clay and Brown Family Law to anyone.

Response from the owner:Jaymee, glad Clay was able to help you.

Russell Rusin

Got me through my divorce with satisfactory results. Russell and Connor were very helpful and took good care of me through this difficult process.

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Josh Stephens

Leilani Whitmer, Jennifer Keeton, and Idani where all amazing and really helped me with my divorce. The team was proactive, detail oriented and deeply compassionate and really helped me through a hard time. I felt so much better when they took on my case and I didn't have to stress out because they took care of everything. I would definitely recommend them if you are in need of excellent and caring representation for any matters of family law.

Blake Nemelka

I have always valued Marco’s advice and fairness. He comes highly recommended in this area if you’re looking for someone who will listen and fight strong and fair.

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Aric McGee

Excellent family law practice!! Very honest and up front communication about what to expect. Top quality care from our lawyer every step of the way. Thank you Paul and team! Cannot recommend enough!!!

Response from the owner:Aric, glad Paul took care of you.

Max Langley

Marco is the smartest family lawyer in Utah

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Kurt Hunsaker

I have known Marco for many years. He is an outstanding attorney and a good friend. He cares deeply for his clients and has cultivated a “customer-oriented” culture in his firm and with his team. Marco exhibits empathy for his clients during some of their most difficult life moments, but is also straight forward and to-the-point. He and his team will help you understand exactly what you can expect during divorce proceedings and then work to achieve the best results on your behalf. There is a reason Brown Family Law receives so many positive reviews from their clients and they are so well respected by their peers. I highly recommend them!

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Natalie Zenk

I feel so lucky to have found Brown Family Law on my first try. Their business model is to take on only a select amount of clients, so that they can give each case the attention and care that it needs. Sometimes I feel like I am their only client! They remember details, are very responsive, and really show care for the actual person - not just "the case". I feel that they are conscientious of my retainer as well, making sure that time is not being wasted. I feel that my money is being used for the things I need it to be used for.

Response from the owner:Natalie, thank you. Glad we could make you feel so good about your experience.

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Issues Pertaining to A Military Divorce

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