Military Divorce Lawyer in South Jordan

Military life can put a significant strain on couples, and some ultimately decide that divorce is the best path forward. However, divorce involving a spouse or spouses in the armed forces is different from a typical divorce. There are special rules that apply to residency requirements and splitting marital assets.

If you currently need guidance through a military divorce, a South Jordan divorce lawyer from Brown Family Law can assist. We have extensive experience helping military families work out their divorce issues and can provide representation that respects your privacy and dignity.

Divorce is a difficult process for all couples, but military families may face additional challenges. Contact our offices today to speak to a South Jordan military divorce lawyer about your case.

Why You Need a Military Divorce Attorney in South Jordan

When military couples get divorced, there are special federal rules that they must follow. These rules concern the division of military benefits, child custody, and healthcare. Our South Jordan family lawyers are highly familiar with navigating these issues from the perspective of armed service members and their families.

For many, divorce is chaotic, but it doesn’t have to be. Brown Family Law provides practical, objective guidance that helps clients resolve disputes efficiently and effectively. Our firm believes in novel strategic solutions to familiar problems—solutions that are sensitive to your unique circumstances.

Divorce Issues for Military Families

Military families face a number of unique challenges when undergoing divorces:

• Military retirement benefits. Military benefits are not split between spouses according to typical state divorce laws and instead follow special federal rules for military families.
• Child custody and parenting time. Child custody and parenting time schedules can be more complicated for military families if one or both parents are on active duty.
• Divorce residency requirements. There are special residency requirements and rules for military family members who are filing for divorce.

Splitting Military Retirement Benefits in South Jordan

Utah is not a community property state, so marital assets are split equitably rather than 50/50 down the middle. However, there are special federal laws concerning how military retirement benefits are split. The provision of these benefits generally depends on the length of the marriage and the overlap of the relationship with military service.

There are three main rules that determine how military retirement benefits get split between spouses:

10/10 Rule

If the marriage lasted at least ten years and the military spouse served for ten years during that marriage, the former spouse can be entitled to receive military pension payments directly from the service member.

20/20/15 Rule

The 20/20/15 rule applies if the marriage lasted 20 years, the military service lasted 20 years, and 15 of those years of service overlapped with the marriage. Under the 20/20/15 rules, the former spouse can receive military benefits, like healthcare, for a temporary period after marriage.

20/20/20 Rule

The 20/20/20 rule is similar to the 20/20/15 rule, except the required overlap of military service with the marriage is 20 years, rather than just 15. Under the 20/20/20 rule, the former military spouse can continue to receive and use military benefits for the rest of their life.

Child Custody and Parenting Time Issues

Military members may have active duty service, which can impact custody arrangements and parenting time schedules. Under the Servicemembers Civil Relief Act (SCRA), military members can request delays in child custody, parenting time, and spousal support decisions while they are on active duty deployment.

Income and assets used for support calculations can also differ depending on whether the service member is deployed or serving stateside on a base. These calculations can impact support obligations and cause them to change.

Residency Requirements for Military Divorce

Generally, individuals must live in Utah for at least three months before they can file for divorce in the state. Active duty military members who are on deployment may be exempt from these residency requirements.

How We Can Help

Brown Family Law offers our services to military families in South Jordan and the surrounding areas. Below are some of the benefits you get from working with us:

• Over 150 years of experience. Our team has over 150 years of combined experience practicing family law in Utah. We understand the state’s family system and can work it to your advantage.
• Personalized assistance. We understand that every case requires a personalized and tailored approach sensitive to your unique circumstances. We can devise novel solutions that fit your needs.
• Effective legal representation. We will fiercely protect our clients. When litigation becomes necessary, we are unafraid to fight for your interests.

Contact a South Jordan Military Divorce Lawyer Today

Military spouses need a dedicated and experienced professional who can protect their rights and interests during divorce. The team at Brown Family Law can be your advocate and help secure a favorable outcome. Contact our offices online or call today to speak to a military divorce lawyer in South Jordan.