Experienced In All Of The Facets Of Military Divorce
It is important to have an experienced Ohio military divorce attorney to ensure that your assets and pensions are properly assessed and divided when it comes to military divorce.
Protections For Active Military Members
State and federal laws protect active duty military members from being divorced without knowing it. These laws also prevent an active military member from being held in “default” if they do not respond to a divorce action.
Military Divorce Postponement
Active military members who seek a postponement have protection under the Soldiers and Sailors Civil Relief Act. Divorce postponement is also under the discretion of the local Ohio court. It is possible for the divorce proceeding to be postponed for the entire time an active service member is on duty and for up to 60 days thereafter if the member is serving in a war. Military members can have this waived if they agree to the divorce. If no waiver is signed then active members must be personally served with both a summons and a copy of the divorce action.
How Our Divorce Attorneys Can Help
At Kroener Hale Law Firm, we can help spouses who are facing military divorce. We can assist with:
- Residency requirements and filing
- Establishing grounds for divorce
- Military divorce benefits and the Uniformed Services Former Spouses’ Protection Act (USFSPA)
- Child support and spousal support issues
- Child custody / parenting time
Why A QDRO Is Not Required
The military retirement pay does not accept qualified domestic relations orders (QDROs) to divide retirement benefits. Military retirement pay is similar to the federal government and the railroad retirement pay.
You must have been married at least 10 years to qualify to receive military pension benefits. During the marriage the military spouse must have “performed at least 10 years of retirement creditable service.”
An Ohio military divorce creates several unique issues that are not present in a typical civilian divorce. Your attorney needs to have the knowledge and experience to know which specific state and federal laws and rules will apply to your military divorce.
Get Skilled Divorce Guidance For Servicemembers
If you are contemplating a military divorce or have been served with divorce papers, speak with an experienced Ohio military divorce lawyer. Call Kroener Hale Law Firm at 513-716-5940 or send us an email. Located in Milford, we serve clients throughout the southwestern Ohio and Cincinnati metro. You can also find out more about us and our attorneys.