Maryland Military Divorce Attorneys
Divorce is a stressful experience for any family. However, when a spouse is enrolled in the military, and either spouse is pushing for a divorce, it can be a time-consuming and messy process. Before tackling divorce proceedings as a servicemember, you should be aware that there are different rules for state divorces and military divorces. If you are a servicemember and you are considering a divorce, you should consult with an experienced Maryland military divorce attorney today.
Rice, Murtha & Psoras is here to offer you the legal representation that you deserve for your military divorce case. We know that juggling military duties while handling a divorce is a challenging task, and we are here for you in your time of need. To schedule a free legal consultation to discuss the details of your military divorce, contact Rice, Murtha & Psoras at (410) 431-0911. You may also contact our skilled legal team online to schedule your free consultation.
Military Divorce Rules in Maryland
A servicemember that wishes to have a divorce could believe that they will have to file their divorce with a military court. However, service members cannot use a military court in order to file for divorce from their spouse. Instead, the service member is required to file their divorce with a Maryland circuit court in their county that has the authority to hear the case.
Residency requirements for a military divorce may also apply. A residency requirement means that a service member or their spouse must live within the state for a period of time prior to filing a divorce. Note, however, that the residency requirements for military divorces are subject to change and could even be waived. You should speak with an experienced military divorce attorney to determine whether you must meet any necessary residency requirements.
The state where you file your military divorce can depend on a variety of factors. For example, a service member stationed at a base in Maryland could file for a divorce within the state. However, there are other options that may be considered when choosing a location to file for divorce:
- The state where the military spouse lives
- The state where the service member is stationed
- The state where the service member claims residency
You should also be aware that servicemembers have the protection of some laws when undergoing a divorce. For example, the Servicemembers Civil Relief Act (SCRA) permits servicemembers to temporarily delay a divorce for up to 60 days while on active duty. This extension will provide a servicemember with ample time to prepare for their divorce case.
When both spouses are members of the military, this may present other problems. For example, it could be difficult for one spouse to serve the other with divorce documents. Our firm could assist you in properly serving divorce papers on your spouse.
If you wish to learn more about filing a military divorce in Maryland, you should continue reading and speak with an experienced Maryland military divorce lawyer today.
Property Distribution for Military Divorces in Maryland
While some federal laws may apply to your military divorce, the laws of the state where you reside will typically govern the details of your divorce. As a result, it would be wise to work with an experienced divorce attorney that understands military divorces and state laws regarding marital property distribution and other matters.
The State of Maryland does not handle marital property distribution by splitting property evenly. Instead, Maryland uses equitable distribution principles to divide property between spouses. This means that a court may look at a variety of factors when it comes to the division of property:
- Whether the spouses had a prenuptial agreement in place
- The income disparity between the spouses
- The education and earning potential for each spouse
- Whether one spouse served as a stay-at-home parent for a large portion of the marriage
- Whether the spouses will share custody of the children
- The age and overall health of each spouse
This is not an exhaustive list. There are other factors the court may use when distributing property between spouses.
Alimony Payments
A spouse may be ordered to pay alimony to the other spouse for a limited amount of time after the divorce. The purpose of alimony payments is to allow the spouse to continue the lifestyle they were accustomed to until the spouse is capable of financially supporting themselves.
Child Support Payments
If one spouse retains custody of the children from the marriage, the other spouse may be required to pay child support. The amount of child support will typically vary based on the needs of the child and the income of the parent.
It is important to note that if a spouse falls behind or refuses to pay alimony and child support, the court has the power to go after their wages. This can be accomplished by garnishing the spouse’s wages or under other circumstances.
Contact Our Experienced Maryland Military Divorce Lawyers to Discuss Your Case
If you or a family member need legal assistance to resolve a military divorce, you should contact an experienced Maryland military divorce lawyer today. The Maryland family law attorneys at Rice, Murtha & Psoras has extensive experience handling military divorce claims, and we would be pleased to offer you our legal services. You do not have to handle your military divorce case alone. To schedule a free legal consultation to discuss your military divorce, contact Rice, Murtha & Psoras at (410) 431-0911. You may also contact the firm online.