Bucks County Military Divorce Attorney
Divorce is never an easy process, but filing for divorce when one or both spouses are active military servicemembers can add even more complexity to an already complicated matter. You need experienced Pennsylvania divorce attorneys that have successfully represented spouses navigating a military divorce who understand the intricacies of this type of case. At Kardos, Rickles & Hand our Bucks County military divorce attorneys are here to help you with all your legal needs during a military divorce. To learn more, call or contact our office today.
Protections for Active Servicemembers
One special consideration made in military divorce cases is protection from default for servicemembers in active duty. The Servicemembers’ Civil Relief Act (SCRA) protects active servicemembers from being divorced without their knowledge or participation while on active duty. If a spouse is on active duty, they can have divorce proceedings postponed until they return and up to sixty days thereafter in order to prepare for the case. However, a servicemember can also waive their rights under this law if they are involved in an uncontested divorce.
Residency requirements for a military divorce in Pennsylvania require that one or both spouses either reside within the state prior to filing for divorce or be stationed at a military base in the state in order to qualify for filing. The grounds for divorce are the same for military couples as they are for non-military couples in Pennsylvania.
Special Property Distribution Laws
Special considerations are also made for property distribution in military divorce cases. The Uniformed Services Former Spouses’ Protection Act (USFSPA) dictates how military pension and other retirement benefits are split between spouses in a divorce. This law authorizes direct payments to the former spouses of military retirees so long as the couple was married for more than ten years while one spouse was on active duty.
All other property distribution is done according to Pennsylvania equitable distribution law. This means that all marital assets and debts acquired during the course of the marriage must be split equitably, but not necessarily equally between the spouses in a military divorce.
Spousal Support, Alimony, and Child Support Considerations
There are also special rules regarding the payment of spousal support, alimony, and child support when one spouse is a military servicemember. Pennsylvania law dictates that when a military spouse is ordered to pay spousal support and alimony and/or child support in their divorce, those payments cannot exceed sixty percent of the military member’s pay and allowances. These considerations are incorporated into child support guidelines and spousal support or alimony calculations for the couple during their divorce negotiations.
Call or Contact Our Office Today
Do you have questions about a military divorce? The knowledgeable Bucks County divorce attorneys at Kardos, Rickles & Hand are prepared to answer all of your questions and zealously advocate on your behalf throughout this process. To learn more, call the office or contact us today to schedule a consultation of your case.