Navigating the Complexities with a Knowledgeable Military Divorce Attorney in Maryland
Divorce can be particularly challenging for military couples due to the unique legal issues that arise from federal and state laws specific to military divorces. At the Law Offices of Ellen L. Lee, we focus on handling divorces and other legal matters for military families in Maryland. If you or your spouse are on active duty, an experienced military divorce attorney at our firm can provide the knowledge and guidance you need throughout the divorce process.
Filing for Military Divorce and Serving Spouses on Active Duty
To file for divorce in Maryland, the law stipulates that at least one member of the military couple must reside in or be stationed in the state. If you are seeking a divorce from your active duty military spouse, it is necessary to personally deliver a copy of the divorce petition and a summons to them. However, if your military spouse agrees to the divorce and files a waiver, formal service of the papers is not required.
Laws Governing Military Divorce in Maryland
Delays in Divorce Proceedings
Under the Servicemembers Civil Relief Act, members of the military, including the National Guard and Reserves, are protected from being sued for divorce or other reasons while on active duty. Unlike civilians who typically have a limited amount of time to respond to divorce papers, military personnel receiving divorce petitions during active duty are given an extended period of 90 days after the end of their service to respond. This gives them ample time to consult with a divorce lawyer. However, military members can choose to waive this right and proceed with the divorce while still on active duty.
Property Division and Military Divorce
The Uniformed Services Former Spouses’ Protection Act (USFSPA) safeguards certain military members’ retirement benefits from being considered joint assets in a divorce. However, only marriages that lasted for a minimum of 10 years while the military spouse was on active duty are eligible for a portion of retirement benefits in the event of a divorce. It’s important to note that the USFSPA does not automatically grant a former spouse entitlement to a share of the service member’s retirement pay. A court must make the decision and include it in the final divorce decree.
Contact Our Military Divorce Lawyer in Maryland Today
If you want to learn more about military divorce and the unique family law challenges faced by military families in Maryland, reach out to the Law Offices of Ellen L. Lee today. Call us at (301) 279-0692(301) 279-0692 or contact us online for a confidential consultation. Our dedicated attorney is here to support you through this difficult process.
To ensure your convenience, we offer different options for our initial information-gathering session. You can choose to meet us in person at our boutique law office in Rockville, Maryland, or you can opt for a video conference via Zoom or a phone call. Our scheduling is flexible — including evening and weekend appointments — to suit your specific requirements. We aim to accommodate your schedule as we assist you.
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Why Choose the Law Offices of Ellen L. Lee
Ellen L. Lee has devoted over 35 years of unwavering commitment to aiding individuals and families in Montgomery County, Maryland with their family law needs. Grounded in counseling and psychology, she provides personalized guidance and assistance to her clients in an inviting atmosphere — prioritizing effective communication while forging new beginnings amidst family law disputes.
- Tenacious & Compassionate Legal Support
- Trusted Guidance that Exceeds Expectations
- Full Range of Family Law Services
- Flexible Consultation Times: Nights and Weekends are Available
- Over 35 Years of Experience Practicing Family Law in Montgomery County, Maryland
Our Founding Attorney conveniently meets with clients via phone, video conference, or in person at our office in Rockville, Maryland.