Military Members and the Divorce Process

Military members or their spouses living in Utah may need to understand the additional considerations they have when seeking a divorce. People who are in the military will still go through the same legal procedures as apply to civilians, but there are several factors that should inform how and where they choose to proceed.

Military members may face a longer process if they are stationed abroad or are on active duty in a far-off location. Some may also have choices of where they choose to file, as a number of states allow military members to file for divorce in the state where they are stationed.

The Uniformed Services Former Spouses’ Protection Act mandates that the military must follow state guidelines on child, spousal and other types of support. The act allows states to consider military retired pay as property rather than as income. If the marriage lasted for at least 10 years and overlapped with 10 years of service by one spouse, the other spouse will be entitled to receive direct pay of retirement benefits from the Defense Finance and Accounting Services. The military retirement pay award may also be in addition to other types of ordered support, such as child support or alimony.

When child support is also being taken from the military retirement fund, the maximum amount of combined deductions from the monthly military pension amount is 65 percent of the pension. Those who are in the military or who are the spouse of a military service member may wish to consult with a family law attorney when they are considering a divorce. The attorney can advise the client about the most beneficial place to file as well as the expected amount of retirement plan payments that might be awarded.

Source: MIlitary.com, “Understanding Divorce in the Military“, November 26, 2014

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Daniel Tafur

Great support, Russell and Connor were amazing and got my case dismissed in only 2 months. Great communication with weekly calls. Easy to work with and were very conscious on not overspending my budget. Great team.

Response from the owner:Daniel, thank you for the kind words, and happy Russell and Connor did well for you.

heather saris

Anne Greyson long was great to work with she really listens and fights for her clients thank you so much for all your hard work

Response from the owner:Thank you, Heather. Glad Anne-Greyson helped you so well.

Chris Porter

You get what you pay for, and the Brown Family team is worth every penny. We truly appreciated their team-based approach, making sure that every detail of our case was thoughtfully handled. They were incredibly easy to work with, kept us informed throughout the process, and made sure no question ever went unanswered. By far the best family attorneys I’ve worked with, and the only ones I’ll call if I ever need legal help again.

Response from the owner:Chris, thank you. Glad we were able to guide you through your process.

Joselyn Cortes

Andrew made the whole process smooth and quick! Kept me updated on any changes, and followed up with me constantly!

Made me feel at ease throughout the whole process and made sure I felt seen/ heard!

Response from the owner:Joselyn, thank you for the kind words.

Suzanne Stevens

David Handy is my attorney and he is excellent. He understands my cases and is well informed to defend my needs and the needs of my kids. He is supportive and compassionate. Telling me how things are and what to expect. He does very well with my high conflict cases (protective order and divorce). I highly recommend him and the Brown Family Law firm. Everyone I have talked to is helpful. Especially Conor Schetzel who is currently the paralegal on my cases.

Response from the owner:Suzanne, thank you and glad David has taken care of you.

Jaren Harmon

Nathaniel Garrabrandt and Brown Family Law is where I send people who are seeking Divorce. Highly professional and compassionate. Thank you!

Response from the owner:Jaren, thank you for the referrals.

Meghann Christensen

I cannot say enough good about my experience with Brown Family Law. Ray Hingson and paralegal Carren did an excellent job with my case. I will definitely use this firm again for any legal issues.

Response from the owner:Meghann, so glad Ray and Carren took good care of you.

Monica Cooper

I have worked with Andrew Christensen many times in a variety of situations. I am very impressed with his friendly demeanor in a difficult situation. I would highly recommend him to you without any reservations.

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Michael Bringhurst

Highly recommend Brown Family Law. Life is hard, divorce is harder, and Andrew Christensen is your guy to help you through to the other side.

Response from the owner:Mike, thank you for the kind words and the referrals.

David Thimm

When you’re going through a tough time and need legal help, this firm isn’t just a one-person operation. It’s a team of attorneys who work together to support you every step of the way. So you’re not just getting a lawyer, you’re getting a legal team behind you.

Navigating the legal system was a steep learning curve for me, and my situation was fairly complex. What stood out about this law firm was the way multiple attorneys collaborated to address my case. It wasn’t just one person working in isolation, but a team supporting each other to find the best path forward. That kind of collective effort is a real strength, especially in hard out complex situations like mine.

There was one issue I felt should have had a different outcome with the court. When I brought it up, the team responded in a very professional and respectful manner, which I truly appreciated. It came to my understanding that the legal system sometimes works in a way that is distant than I thought. This was presented to me in a way that someone outside of the legal system could understand.

In my experience, this firm takes the time to not only assist you, but also help you understand why things are happening. That made a big difference for me, and it’s something that really sets them apart.

Response from the owner:David, thank you for our conversation and taking the time to leave this review.

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Military Members and the Divorce Process

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