Military Divorce Lawyer in Salt Lake City

For the thousands of service members at Hill Air Force Base and other military installations throughout Utah, there are issues surrounding divorce that do not apply to those leading a civilian life. If you are a member of the military or a military spouse, our Salt Lake City military divorce lawyers can help address the unique issues you may face.

At Brown Law, our attorneys have an in-depth understanding of the federal laws and specific issues military families face when dealing with divorce. Our firm’s founder, Marco Brown, has family in the military as well as extensive knowledge and experience in dealing with military divorces.

We began offering our legal services in 2010. Let our experienced Salt Lake City divorce lawyers help you move your case forward today.

Differences Between Standard Divorces and Military Divorces

In a civilian divorce, a couple has the right to pursue the dissolution of their marriage in a shared jurisdiction, during which they can divide their shared property and set up a child custody arrangement that suits them and their children. Military members are often relocating, making questions of jurisdiction harder to answer.

Military members seeking to complete divorce proceedings without overly complex questions about jurisdiction, the Servicemembers Civil Relief Act allows them to request a stay of proceedings, ensuring that they can remain in the country until legal proceedings conclude.

Additionally, divorces involving military families have to address questions about how military pensions and healthcare benefits need to be shared between service members and their ex-partners. Most divorcing military families need a Salt Lake City attorney to interpret family law if they want to ensure the equitable division of their property.

How to File for Military Divorce in Utah

If you want to move forward with a military divorce in Utah, a service member and their ex-partner can work with a family lawyer in Salt Lake City to prove that they meet the state’s residency requirements before discussing their preferred property division and child custody arrangements.

At least one party involved in the military marriage must be a resident of Utah or must be stationed in Utah for at least three months before either party files for divorce. Alternatively, one or both parties must prove that they are legal residents of Utah to file for divorce, regardless of where they may presently be stationed.

Military spouses and service members cannot move forward with divorce proceedings in Salt Lake City without meeting these requirements.

Our Salt Lake Military Divorce Lawyers Handling Visitation for Members of the Military

While many aspects of military divorce are considered standard, there are considerable differences when it comes to the division of military benefits, as well as child custody and visitation issues. Our law firm is both sensitive to and experienced with all of these aspects, including:

• Marital share of retirement benefits: Spouses of military members may be entitled to a marital share of the service member’s military pension, as stated under the Uniformed Services Former Spouses’ Protection Act. The amount is based on the accrual of benefits during the length of the marriage. Our attorneys understand how to calculate this, as well as any benefits from the service member’s Survivor Benefit Plan.
• Child custody and visitation: Because of the many issues surrounding military service and overseas deployment, it is essential that a service member has a lawyer who understands the Servicemembers Civil Relief Act to prevent any permanent changes from occurring while the service member is on active duty.
• Child support: There are differences between military pay while deployed and while serving on base. Our attorneys understand how to accommodate these differences when calculating child support.

Our law firm has extensive experience representing service members and their spouses. We understand what you are up against, and we will help you get through this.

What to Know About Military Pensions and Your Divorce

A primary concern for divorcing military spouses involves the future of their earned benefits. The end of a marriage can complicate issues like retirement pay, benefits, or pensions. Federal law sets out the rights and obligations related to the benefits under the Uniform Services Former Spouses’ Protection Act (USFSPA).

A military spouse who does not serve and remains in that marriage for a minimum of ten years can be entitled to benefits paid directly from the Defense Finance and Accounting Service. These payments are taken from the service member’s benefits and are issued directly to the spouse.

When a person is married to an active duty military member for less than ten years, they are not necessarily entitled to direct payments from the government. However, Utah law does allow them to recover those benefits indirectly.

Why Work With a Salt Lake City Military Divorce Lawyer?

Military personnel and their partners have to have constructive conversations about property division, spousal support, child custody issues, and jurisdiction if they want to move forward with a formal divorce decree. It’s not easy to have these conversations while dealing with the emotional distress of a divorce, let alone the complexities of the law.

Working with a military divorce attorney in Salt Lake City can help ensure that all legal requirements are met and that the divorce process moves forward efficiently. 

Salt Lake County attorneys also ensure that conversations about child support payments and spousal support account for impacted parties’ needs while taking each partner’s unique financial situation into account.

Contact Brown Family Law Today

Brown Family Law wants to make it as easy as possible for military families and military spouses to exercise their right to divorce. Whether you’re a deployed soldier, a veteran, or a military spouse, you can connect with our military divorce lawyers in Salt Lake City, UT, to discuss your circumstances and outline a legal strategy that abides by the law.

We understand the complexities of military retirement benefits and special retirement benefit regulations in addition to the complexities of jurisdiction, not to mention every other emotional trial that might make conversations about divorce more difficult. You can trust us to put that knowledge to work on your behalf.

Contact Brown Family Law today to explore your options.