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Committed Murfreesboro Military Divorce Lawyer Helps You Get Your Fair Share

A military divorce is different than a civilian divorce

Divorce is disorienting, frightening, and difficult. It’s even more complicated when you or your spouse are active duty military. The rules for a military divorce are different in the following ways:

  • Where to file the divorce

  • How to calculate support

  • What rights each party has to a pension or health benefits

It’s too easy to make a costly mistake. Our Murfreesboro military divorce attorney guides you safely through this complex process. The military divorce lawyer at The Law Office of David L. Scott has also been in the military and understands the unique rules for military divorce.

How do I file for a military divorce?

A court cannot grant a divorce unless it has jurisdiction over the parties and their property. If you or your spouse has been in the military for a while, you may have a military retirement plan. Because it’s a federal plan, you can only file for a military divorce in states that meet the following requirements:

  • A state where the military spouse is domiciled

  • A state where the military spouse is a resident

  • A state upon which both you and your spouse agree

A permanent home or domicile is located in a state where you have lived that you plan to make permanent. You are a resident in a place that you have lived for a certain period of time. Military personnel can have both.

These rules are complex. Before you file for a military divorce in Tennessee, talk to our Murfreesboro military divorce lawyer. We know the requirements and help you determine where to file.

How do I file for a military divorce if I’m not in the United States?

If you or your spouse is currently overseas, you can still file in Tennessee if you meet the domicile or residency requirements. Our Murfreesboro military divorce lawyer  helps you file. Don’t let a foreign divorce tempt you. Remember, both the military and U.S. courts may not honor a foreign order. If Murfreesboro, Tennessee is the right place to file for your divorce, we are here to assist you.

Your right to alimony, support, and child support after a military divorce

A military divorce gives you the same rights to alimony and child support as a civilian divorce. Tennessee, like other states, has guidelines for the proper amount. Support calculations begin with income. Military income is tough to determine. Pay stubs do not tell the whole story. Active duty military often gets non-taxable income. Courts often count nontaxable income and in-kind compensation for calculating support. Tax returns do not help either. Our Murfreesboro military divorce lawyer is highly skilled and helps you calculate the child support and alimony you are owed. Time in the military has made us very familiar with military payments, benefits, and pension plans. We have the knowledge to help you ask the right questions and ensure you receive your fair share.

Pension benefits after a military divorce

Military service personnel may receive a military pension. The Uniformed Services Former Spouse Protection Act (USFSPA) permits the family court to divide military pensions, according to the state law of the divorce court. It is best for you and your spouse to divide the pension during the divorce proceedings. After the final divorce decree, it may be too late to claim a part. Even if it’s not too late, it’s expensive and difficult to do. We help you determine the best course of action so you can receive your rightful pension benefits. Don’t let your spouse keep pension benefits that may belong to you.

Contact our Murfreesboro military divorce attorney today for compassionate guidance through a military divorce

Military divorce law can be bewildering without the guidance of a skilled Murfreesboro military divorce attorney by your side. There are many legal issues to consider and unique circumstances to navigate. If you are thinking about a military divorce, don’t do anything until you contact our office.  Let The Law Office of David L. Scott help you evaluate the factors that may impact your military divorce. Our Murfreesboro military divorce lawyer is committed to making this transition as easy as possible for you. Call us at 615-896-7656 or contact us online for a free case evaluation.
 
 
 

 

 

2 Locations to Serve You

722 South Church Street
Murfreesboro, TN 37130

Phone: 615-896-7656

Map and Directions

 

4322 Harding Pike #417
Nashville, TN 37205

Phone: 615-203-8062

Map and Directions


 

Based in Murfreesboro, Tennessee, we are pleased to serve clients throughout Middle Tennessee in Murfreesboro, Smyrna, Franklin, Brentwood, Nashville, Woodbury, McMinnville, Manchester, Shelbyville, Lebanon, Mount Juliet and other communities in Rutherford County, Williamson County, Cannon County, Bedford County, Davidson County, Wilson County and Coffee County.

 
     

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