Effects of Combat on Military Divorces

Service Member & Military Spouse Divorce Help

war and divorce

Military personnel are often put stressful situations during training and during deployment. Sometimes, these job stressors can have a huge impact on your marriage that may lead to divorce. Gordon N. Shayne is a skillful divorce attorney that is sensitive to the unique demands of military life. He provides exceptional legal counsel that is committed to protecting your rights during your military divorce.

The Effect of Combat on a Family

Service members in all branches of the military are required to undergo high levels of stress on a daily basis when preparing for battle. After experiencing the stress of combat, service members may endure any number of emotional or behavioral problems, including:

  • Post traumatic stress disorder (PTSD)
  • Alcohol and/or drug abuse
  • Depression
  • Other trauma-related mental illness

The stress of these trauma-related behavioral struggles significantly impacts divorce rates in military families. However, because behavioral health concerns can have a significant impact on child custody hearings and spousal maintenance negotiations, it is crucial to have a lawyer to protect your rights throughout military divorce proceedings. Gordon N. Shayne knows what is at stake in your divorce. He is knowledgeable about the specific procedures and rights military service members have regarding custody and other post-decree matters. With personal care and attention, he aggressively protects your best interests and helps your family reach a satisfactory resolution.

Initiating Divorce as a Military Spouse

Divorce can be initiated by husbands and wives of military service members even if their partner is deployed. However, there are specific procedures that apply to a military spouse. Divorce attorney Gordon N. Shayne provides expert military legal assistance & family law help when you need to file for divorce from your spouse who is in the military.

Legal Assistance & Family Law Help for Military Families

When you choose Gordon N. Shayne as your military divorce lawyer, he provides the guidance and advice that comes from over 33 years of legal experience. Mr. Shayne understands how the court may divide assets, child custody, benefits and award spousal maintenance or child support with respect to military households. For proficient legal assistance with military divorce in Colorado Springs, CO, contact Gordon N. Shayne today.

 

Looking for military legal assistance?
Family law attorney Gordon N. Shayne
provides FREE consultation so you can get
the legal advice you need to resolve your
Colorado military divorce.
Call 719-442-6649 today!

Experience Counts

*for those individuals interested in retaining legal counsel and who have the financial means to hire an attorney

Military Divorce Law and Retirement Benefits in Colorado Springs, CO

Proficient Military Divorce Attorney

Retirement and military divorce

Because military benefits depends on the branch of military, the duration of service, and the attained rank before retiring, it is important to seek the help of an proficient divorce attorney that can assess your case and determine benefits eligibility after a military divorce. For over 33 years, Gordon N. Shayne has provided effective and exceptional legal counsel to clients seeking to protect their best interests during difficult times. Mr. Shayne gives his undivided attention to every military divorce case in order to provide the best possible legal advice and has an extensive knowledge of the complexities of military divorce in Colorado.

Military Divorce Law: Why You Need a Lawyer

In Colorado, military benefits are most commonly determined after a service member has reached eligibility to retire. The division of any military retirement, in a Colorado divorce or legal separation, will follow the rules and case law of Colorado, not the military. If the service member obtaining a divorce has not reached eligibility yet, military divorce law states that an order will be included to reserve jurisdiction on the issue until the service member retires. If the service member has reached retirement age, the division of benefits will occur immediately. Individuals in the military with over 20 years of active duty service may be entitled to certain benefits after retirement. However, if the service member is divorced or is seeking divorce, benefits may need to be legally divided between departing spouses. These benefits may include:

  • Retirement pay
  • VA benefits
  • Life insurance
  • Health care

Division of military retirement benefits are determined using the time rule coverture formula. This formula takes into account the number of months the couple was married as well as how long the couple was married while the service member was on active duty. Gordon N. Shayne is an extremely qualified attorney who can calculate of the time rule coverture formula to ensure that the division of benefits in your divorce serves your best interests.

Contact an Experienced Military Divorce Attorney

Gordon N. Shayne is a skillful military divorce attorney with over 33 years of hard-earned legal experience. He can help you navigate the civilian legal process to protect your military retirement benefits after a divorce. Contact him today for a free* consultation.

 

Protect your legal parental rights.
Call Gordon N. Shayne for FREE
consultation and get the legal advice you
need to resolve your Colorado child custody dispute.
719-442-6649

Experience Counts

*for those individuals interested in retaining legal counsel and who have the financial means to hire an attorney

Differences Between A Military Divorce Scenario Versus A Standard Type Of Divorce

What are the differences between a military divorce scenario versus a standard type of divorce that’s filed, and perhaps some of the unique differences?

Of course, everyone knows that there is no such thing as obtaining a divorce or legal separation decree from a military court. That’s not something that’s covered by the Military Code of Justice. The states, individual states, all 50 states in the United States, have divorce laws, and if residency requirements are met, then the state where the parties live will have jurisdiction to move forward with what they call a civilian divorce.

In the military, as an example, there are rules that apply to family separation. In the civilian court, the rules refer to spousal support and child support. Sometimes in those military cases, the military authorities will order a soldier to pay family separation support before the civilian court ever enters any of its orders for child support or maintenance.

Additionally, when you are dealing with housing, your lawyer should be familiar with what the rules are for housing, how housing is paid, whether it’s base housing or off-post housing, and whether there’s a housing allowance that may be pertinent to the civilian divorce case. In all these kinds of cases, an attorney with lots of experience dealing with military matters, military questions of income, base pay, and other kinds of allowances is going to be important to know.

Military Divorce Or A Civil Divorce

Today, I want to talk to you a little bit about the differences between a military divorce scenario versus a standard type of divorce that’s filed and perhaps some of the unique differences. Of course, everyone knows that there is no such thing as obtaining a divorce or legal separation decree from a military court. That’s not something that’s covered by the military code of justice. So, the individual states, all 50 states in the United States, have divorce laws and if residency requirements are met, then the state where the parties live will have jurisdiction to move forward with what they call a civilian divorce.

In the military, as an example, there are rules that apply to separation, family separation. In the civilian court, the rules refer to spousal support and child support. Sometimes in the military cases, the military authorities will order a soldier to pay family separation support before the civilian court ever enters any of its orders for child support or maintenance. Additionally, when you are dealing with housing, your lawyer should be familiar with what the rules are for housing, how housing is paid, whether it’s base housing or off post housing and whether there’s a housing allowance that may be pertinent to the civilian divorce case. In all these kinds of cases, an attorney with lots of experience dealing with military matters, military questions of income, base pay, and other kinds of allowances is going to be important to know.

Can I Get a Divorce During a Military Deployment?

The answer to that question is under certain circumstances, you sure can. We’ve represented hundreds and hundreds of military members on active duty who are deployed to different locations all over the world.

Are you preparing to file for divorce? Looking for answers on how the divorce process works? Visit www.ShayneLaw.com to find your answers. Get in touch with us today for any of your Colorado Springs family law needs.

 

Can I get a divorce during my military deployment? The answer to that question is under certain circumstances, you sure can. We’ve represented hundreds and hundreds of military members on active duty who are deployed to different locations all over the world.

The first thing that needs to be established is a line of communication with those clients, usually by e-mail. As long as clients can maintain and establish communication with us, then we can keep the clients advised regarding their process and their case, and have good communication going as to what needs to be done to conclude a case.

In order to finalize a divorce, when a military member is on a deployment, the kind of case that is involved in the family court is going to determine whether the court will allow the case to become final when a military member cannot be present. Many times, when I’m representing somebody in the military, I will file a motion with the court to ask that a military service member be permitted to appear by telephone for a court hearing, and that’s another way that, even though you’re on deployment, your divorce case can be finalized.

Another way that a divorce case can be finalized when you’re on deployment is when both parties have lawyers, and there’s children involved, the parties can enter into agreements. Even if you’re in a foreign land, you can get a copy of the separation agreement and the parenting plan.

Both lawyers can make sure that their clients sign the separation agreement and the parenting plan, and a document called affidavit of non-appearance. When those documents get filed with the court, with a decree of dissolution of marriage, and you have a full understanding of what the agreement says, and what the court is going to do in adopting your agreements, then the court can issue a decree even though you are on a deployment.

Now, there are some cases where it’s impossible for the court to enter a decree of dissolution of marriage, when a soldier or a active-duty military member is not available. Those circumstances usually come up during the Soldiers/Sailors Civil Relief Act, which prohibit the other party from taking action before a judge when a military member is on overseas deployment duties and objects to action being taken that that military member cannot participate in.

This is another example of why it should be in your best interest, at every opportunity, to have appropriate legal counsel representing you, when you know you’re going to be deployed, or you know that there are significant issues involved in your divorce case that will also affect your military career. I would advise you to always talk to, even by e-mail, or in a phone conference, a qualified lawyer.

We offer free consultations for military members, and we offer a reduced retainer for all military members. I’m available to talk to you about your case, or about your questions that you have as to how we can help you and represent you in your divorce case, when you know that a deployment or other kinds of military commitments are coming up.

How Does Maintenance Work for Military Families?

A lot of times military members will assign or be ordered by their command to give their spouse the BAH rate, which is on their LES statement, until further orders can be entered.


How does maintenance work for military families? This is, once again, a question that goes back to the spousal maintenance statute, and understanding what the guidelines show. Significant in military families is a lot of times a wife whose husband is in the military will go to the husbands command and say, “I need family leave support. I need support to help me out, because my husband has left. He’s gone to another duty station. He’s not supporting the family.”

It takes some knowledge to know what the entitlements are that military members receive. As an example, a lot of times military members will assign, or be ordered by their command, to give their spouse the BAH rate, which is on their LES statement until further orders can be entered. The way that maintenance works in a military case is that once the military court receives the civilian courts order as to what the spousal maintenance is as ordered by a judge, or what that amount is that the parties agree to, then the military court, once it receives those orders, can stop the BAH allowance going to the spouse.

Here’s an example. Let’s say that the BAH rate that the service member receives is $980, and the parties have filed a case in divorce court, and the divorce judge has ruled that spousal maintenance is not $980, it’s $790. Well, once the judge signs that court order, the military will honor the civilian courts order, and the maintenance will be adjusted so that the service member is not paying BAH any longer, but just paying what the amount is that the judges ordered.

What is different about divorces in the military?

Military Marital ManouversWhat is different about divorces in the military? Primarily, what you have to keep in mind is that the military does not have a system of resolving divorces as part of the military laws. As a result, those kinds of cases where there’s military families that is either 1 or both of the parties are in the military active duty, reserved duty, retired military, they have to go through the civilian court. The difference is in a military case is that the attorney should be extremely experienced with knowing the specific nuances of how military life will affect a divorce decree.
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