Philadelphia Military Divorce Lawyer
Military Divorce in Pennsylvania
It takes a lot of endurance to go through a divorce while on active duty deployment. Not only do you have to deal with the emotional strife that naturally comes with such an experience, but you also have to go through all the different legal procedures of divorce, even though it’s the last thing you want. However, your divorce can be made smoother with legal assistance from a qualified attorney. Call the Law Offices of Sheryl R. Rentz at (610) 645-0100 or (866) 290-9292 for immediate assistance. We offer free initial consultations.
Whether you are a soldier or a marine, an airman or a sailor, we can help you resolve your divorce issues – child support and custody, division of assets, visitation and alimony – with favorable results. We are thoroughly familiar with the laws concerning military divorce and can give you the specialized, personalized services you need to build a better tomorrow.
Military Divorce Requirements in Pennsylvania
In Pennsylvania, the grounds for a military divorce are no different from the grounds for a civilian divorce, so the same fault, no-fault and mutual consent rules apply. As for filing requirements, both spouses must reside and be stationed in Pennsylvania.
Rights in a Military Divorce
When it comes to family law issues, military service personnel enjoy a number of special legal rights and safeguards, including the following:
- Under The Servicemember’s Civil Relief Act (SCRA), the military member can request the temporary suspension of legal divorce proceedings and transactions for as long as s/he is fulfilling the terms of service.
- Military retirement benefits can be made exempt from the marital estate by converting them to veterans’ disability payments.
There are also state and federal laws which protect military spouses. For instance, military spouses are entitled to a portion of disposable retirement pay, and service members cannot convert pay to disability payments once an order has been established.
Property Division in a Military Divorce
In addition to state laws, the Uniformed Services Former Spouses’ Protection Act (USFSPA) governs aspects of the property division process in a military divorce. More specifically, the USFSPA administers the calculation, division and allocation of military retirement benefits. The military spouse is entitled to a portion of the retirement benefits only if s/he has been married to the military member for 10 years or longer during service.
Child Support and Spousal Support in a Military Divorce
The state of Pennsylvania does not allow child/spousal support payments to exceed 60 percent of the military member’s pay and allowances. The state’s child support guidelines, worksheets and schedules apply to military divorce procedures.
Proud to Serve Those Who Serve the Nation
At The Law Offices of Sheryl R. Rentz, we are proud to serve the brave men and women who sacrifice so much of themselves to defend our nation. If you are a service member facing divorce, please let us help you get through this difficult period in your life. We will make every possible effort to resolve your legal matters in an efficient manner and secure you a better future.
- Divorce in the Military: How to Divide a Pension
- The US Models for Child Support Orders & Child Support Modification
- Should Military Deployment Be Considered in Custody Battles?