A family law problem can be especially difficult for families that already bear the responsibilities and pressures of military life. For military members and their spouses, it is important to have an St. Louis divorce attorney who understands the special laws that govern military divorce.
Contact Kallen Law Firm, LLC for more information and answers to your specific questions about military divorce.
In many ways, military divorces are governed under the same laws as any other divorce in Missouri, but with a few additional complicated factors.
Under the SCRA, military members on active duty are protected from having a divorce or modification judgment made against them. It also allows military members to defer court proceedings that they cannot attend due to their military service. Temporary orders may be issued while waiting on the military member to become available, but orders cannot be issued in absentia if the military member has requested a delay due to service obligations, or if it has proven difficult or impossible to give appropriate service of documents.
Under the Uniformed Services Former Spouses' Protection Act (USFSPA), people who have been married to military members for at least ten years are entitled to receive a portion of military retirement benefits. These benefits must be considered in a military divorce.
In most cases, military benefits cease when the divorce is finalized. This includes:
Your local DEERS office or Military Family Life Counselor can help answer your questions about how military divorce affects your military benefits.
In a military divorce, careful consideration must be given to the impact that any geographical restrictions might pose on the service of the military member. Additionally, military divorces often make provisions for the custody of children while the military member is deployed, or while duty prevents the military member from exercising his or her custody or visitation rights.
As a general rule, military benefits for step-children cease when the military divorce between the service member and the child's biological parent is finalized. Military benefits for biological or adopted children continue regardless of marital status.
Basic Allowance for Subsistence (BAS) and Basic Allowance for Housing (BAH) can be dramatically affected by a military divorce. Because eligibility for these programs can differ based on location and command, if you are a military member seeking a divorce, you consult with your S1, Orderly Room, or Commander's Support Staff before your military divorce is finalized.
If you are seeking a military divorce, we urge you to call 314.441.7793 for a free consultation. Our St. Louis military divorce attorneys serve clients from Scott AFB, Fort Leonard Wood, and from other area bases and Guard/Reserve units.