Best Military Divorce Lawyers in Delaware

About Military Divorce Law in Delaware, United States

Military divorce in Delaware refers to the legal process of ending a marriage when at least one spouse is a member of the United States Armed Forces. While military divorces follow Delaware's general divorce laws, they are also subject to unique federal rules and protections affecting military personnel. Issues such as jurisdiction, division of military pensions, and service-related benefits make military divorces more complex than civilian divorces. Understanding both state and federal laws is essential for navigating this process successfully.

Why You May Need a Lawyer

Military divorces often involve circumstances that require specialized legal assistance. Some common situations where hiring a lawyer can be essential include:

• Determining jurisdiction when a service member is stationed outside Delaware
• Navigating federal laws such as the Servicemembers Civil Relief Act (SCRA), which can impact divorce proceedings
• Ensuring accurate calculation and division of military retirement benefits and pensions
• Understanding the allocation of military health care and survivor benefits
• Negotiating child custody and support arrangements given deployment or relocation needs
• Dealing with the unique timelines and procedural rules that apply to active-duty military divorces
• Protecting your rights and interests throughout the entire process

Because of the interplay between state and federal regulations, and the specific benefits and protections afforded to service members, the guidance of an experienced military divorce lawyer is invaluable.

Local Laws Overview

Delaware’s divorce laws apply to all divorces in the state, including those involving military members. However, military divorces may involve special rules under federal law. Key aspects to be aware of include:

• Residency Requirements: In Delaware, at least one party must have resided in the state for at least six months before filing for divorce. For military personnel, being stationed in Delaware can satisfy this requirement even if Delaware is not their home state.
• Jurisdiction: A Delaware court must have jurisdiction over the service member or their spouse to proceed with a divorce. This sometimes requires special consideration if a service member is deployed overseas or assigned to a different state.
• Servicemembers Civil Relief Act (SCRA): This federal law allows active-duty military members to request a stay, or postponement, of divorce proceedings if their duties prevent them from participating in court.
• Division of Military Pensions and Benefits: The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to treat military retirement pay as property, not income. Delaware courts follow specific federal guidelines when dividing these benefits between spouses.
• Child Custody and Support: The best interests of the child standard applies in Delaware. However, military duties, relocations, and deployments can impact custody schedules and support calculations.
• Health Care and Other Benefits: Eligibility for continued military health care coverage depends on the length of the marriage and the overlap with military service, often referred to as the 20/20/20 rule.

Frequently Asked Questions

What makes a military divorce different from a civilian divorce in Delaware?

A military divorce involves additional considerations such as federal protections under the SCRA, division of military pensions, and the unique demands of military life, including deployments and relocations. These factors require compliance with both state and federal laws.

Can I file for divorce in Delaware if my spouse is stationed elsewhere?

Yes, you can file in Delaware if you or your spouse have been residents for at least six months or if the service member is stationed in Delaware. Jurisdiction must be established based on residency or assignment.

How does deployment affect divorce proceedings?

If a service member is deployed, the court may delay proceedings under the SCRA to ensure fair participation. The deployed spouse can request a stay of proceedings if their duties impact their ability to respond.

Who determines the division of military retirement benefits?

Delaware courts divide property, including military retirement, following federal and state laws. The USFSPA guides the division, and a court order is required to divide these benefits.

Can a non-military spouse continue to receive military health care after divorce?

A former spouse may qualify for continued benefits under the 20/20/20 rule if the marriage lasted 20 years, the service overlapped for 20 years, and military service covered the same 20 years. Otherwise, benefits may be limited or unavailable.

How is child custody handled if a parent is frequently relocated or deployed?

Courts prioritize the best interests of the child. They may provide flexible custody arrangements factoring in the unique schedules and future deployments of military parents. Plans can include provisions for visits during leave or after deployment.

Does Delaware recognize legal separation for military couples?

Delaware does not have a separate legal separation process, but couples may pursue interim orders during divorce proceedings or create separation agreements to address custody, support, and property division.

Are military benefits like the Thrift Savings Plan (TSP) subject to division?

Yes, the TSP and other retirement savings are considered marital property and can be divided in divorce, often through a court order or agreement.

Do I need special legal representation for a military divorce?

While not required, it is highly recommended due to the complexities involved with military regulations, federal laws, and the division of specific benefits unique to service members.

What happens if I cannot attend court due to military obligations?

Under the SCRA, you may request a stay or postponement of your case if active duty prevents you from participating. The court will usually honor such requests to ensure due process.

Additional Resources

Navigating a military divorce can be challenging, but several resources are available in Delaware and nationwide to help:

• Delaware Family Court: Handles divorce, child custody, and support matters in the state
• Legal Assistance Offices: Each military base typically provides legal assistance services
• Delaware State Bar Association: Offers lawyer referral services
• Military OneSource: Provides confidential, comprehensive information and support for military families
• Defense Finance and Accounting Service (DFAS): Manages military retirement pay and provides guidance on benefit division
• American Bar Association Military Pro Bono Project: Connects military families with pro bono legal services

Next Steps

If you are considering or facing a military divorce in Delaware, the following steps can help you navigate the process:

• Gather all relevant military and financial documents, including pay statements, orders, and benefit information
• Contact a legal assistance office on your base or installation for preliminary advice
• Consult with an attorney experienced in military divorce law in Delaware to discuss your options and plan your case
• Be upfront about deployments, relocations, and any issues that may affect timelines
• Prepare for negotiations or mediation, especially around property division and child custody
• If required, request the appropriate court stays or delays under the SCRA
• Stay informed about your rights and responsibilities under both state and federal law

Taking early and informed action will safeguard your interests and help ensure the divorce process is as smooth as possible.