Columbia Military Divorce Lawyer
Military divorces present unique challenges that require specialized knowledge of both Maryland family law and federal military regulations. If you are a service member or military spouse facing divorce in Columbia, you need a Columbia military divorce lawyer who understands the complexities of military benefits, deployments, and jurisdictional issues. At Weinberg & Schwartz, L.L.C., our experienced family law attorneys have been practicing exclusively in Maryland family law since 1995, providing dedicated representation for military families throughout Howard County. Contact our firm at 410-997-0203 to discuss your military divorce case with our knowledgeable legal team.
Understanding Military Divorce in Maryland
Military divorces involve additional layers of complexity beyond typical civilian divorces. The Servicemembers Civil Relief Act (SCRA) provides certain protections for active duty military personnel, including the ability to postpone court proceedings during deployment or active duty assignments. Our attorneys at Weinberg & Schwartz understand how to navigate these federal protections while ensuring your case progresses efficiently through the Howard County Circuit Court.
Jurisdiction can be particularly complex in military divorce cases. Military families often move frequently due to permanent change of station orders, and determining the proper jurisdiction for filing divorce requires careful consideration of residency requirements, where the marriage occurred, and current duty assignments. Our family law attorneys have extensive experience handling jurisdictional issues and can help determine the most advantageous location for your case.
The division of military benefits requires specialized knowledge that general practice attorneys may lack. Military retirement pay, survivor benefits, and other military-specific compensation must be properly identified, valued, and divided according to both federal and Maryland state law. Our trial attorneys have the expertise to ensure all military benefits are properly addressed in your divorce settlement.
Military Pension Division and Benefits
One of the most significant aspects of military divorce is the proper division of military retirement benefits. The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to treat military retirement pay as marital property subject to division. However, the “10/10 rule” requires that the marriage overlapped with at least 10 years of military service for the Defense Finance and Accounting Service to make direct payments to the former spouse.
Our experienced divorce attorneys understand how to calculate the marital portion of military retirement benefits and ensure proper division according to Maryland law. We work with qualified military pension evaluators when necessary to provide accurate valuations and protect our clients’ interests in these valuable benefits.
Military families also have access to unique benefits such as the Survivor Benefit Plan (SBP), military healthcare through TRICARE, and commissary and exchange privileges. Our legal team ensures that post-divorce arrangements for these benefits are properly negotiated and documented in your final divorce decree. We understand the importance of maintaining healthcare coverage for military spouses and children after divorce and work to secure continued benefits when possible.
Child Custody Considerations for Military Families
Military families face unique challenges when it comes to child custody arrangements. Deployments, training exercises, and permanent change of station moves can significantly impact custody schedules and parenting time. Our family law attorneys work to create flexible custody arrangements that accommodate the realities of military life while prioritizing the best interests of the children.
The Interstate Compact on the Placement of Children and the Uniform Child Custody Jurisdiction and Enforcement Act become particularly important for military families who may relocate frequently. Our attorneys ensure that custody orders are enforceable across state lines and include provisions for modification when military duties require relocation.
We also address the specific challenges faced by military parents during deployment. Our legal team helps create comprehensive parenting plans that include provisions for communication during deployment, temporary custody arrangements, and procedures for making up missed parenting time upon return from deployment. These detailed arrangements help minimize conflict and provide stability for military children during challenging times.
Columbia Military Divorce FAQs
Can I file for divorce in Maryland if I’m stationed elsewhere but my spouse lives in Columbia?
Yes, Maryland may have jurisdiction over your divorce if your spouse is a resident of Maryland or if Maryland is considered your legal domicile despite your current duty assignment. Our attorneys can help determine the most appropriate jurisdiction based on your specific circumstances and military status.
How does deployment affect divorce proceedings?
The Servicemembers Civil Relief Act allows active duty military personnel to request a stay of court proceedings during deployment. However, this protection is not automatic and must be properly requested. Our legal team can help navigate SCRA protections while keeping your case moving forward when possible.
Will my ex-spouse receive half of my military retirement?
Not necessarily. Maryland follows equitable distribution principles, and the court will consider various factors when dividing military retirement benefits. Only the marital portion of retirement benefits is subject to division, and the percentage awarded depends on the specific circumstances of your case.
Can my spouse continue receiving military benefits after our divorce?
Former military spouses may be eligible for certain benefits under the 20/20/20 or 20/20/15 rules, which consider the length of marriage, length of military service, and overlap between the two. Our attorneys can help determine eligibility and negotiate continued benefit arrangements when possible.
How do we handle custody if I receive orders for a permanent change of station?
Military families need custody orders that include provisions for relocation due to military orders. Our attorneys draft comprehensive parenting plans that address potential moves while maintaining meaningful relationships between children and both parents.
Serving Throughout Columbia
- Wilde Lake
- Harper’s Choice
- Oakland Mills
- Long Reach
- Kings Contrivance
- Hickory Ridge
- River Hill
- Owen Brown
- Dorsey’s Search
- Town Center
Contact a Columbia Military Divorce Attorney Today
Military divorce cases require specialized knowledge and experience that our team at Weinberg & Schwartz, L.L.C. provides. Our highly experienced trial attorneys are not afraid to take your case to court when necessary to protect your rights and secure the results you deserve. We understand the unique challenges facing military families and provide a family-centered legal approach focused on obtaining equitable and fair resolutions for each client’s individual circumstances. With our exclusive focus on Maryland family law since 1995, we have the expertise to handle even the most complex military divorce cases. Our four-time “Best of” Howard County winner designation for family law reflects our commitment to excellence in serving military families throughout the area. Contact our experienced military divorce attorney team at 410-997-0203 to schedule a consultation and learn how we can help protect your interests during this challenging time.
