Best Military Divorce Lawyers in Iowa

About Military Divorce Law in Iowa, United States

Military divorce refers to the dissolution of a marriage when at least one spouse serves in the United States Armed Forces. In Iowa, military divorces are governed by both state law and specific federal statutes. These cases often involve additional considerations compared to civilian divorces, such as military benefits, division of retirement pay, and unique jurisdictional issues. Understanding these complexities is crucial for service members and their spouses seeking divorce in Iowa.

Why You May Need a Lawyer

Navigating a military divorce can be more complicated than a typical divorce due to factors like deployment schedules, residency requirements, and federal protections for service members. You may need a lawyer if:

• You or your spouse is deployed or stationed outside Iowa.
• You are unsure where to file for divorce due to frequent moves.
• There are disputes over the division of military pensions or other benefits.
• Child custody or visitation plans are affected by military duties or relocation.
• You need to protect your rights under the Servicemembers Civil Relief Act (SCRA).
• You are concerned about spousal or child support calculations involving military pay.

A qualified attorney can help ensure that all aspects of your military divorce are handled correctly and fairly.

Local Laws Overview

In Iowa, the law recognizes both civilian and military divorces, but certain rules and federal regulations apply when a military member is involved. Key considerations include:

• Jurisdiction: Iowa courts can grant a military divorce if at least one spouse is stationed, resides, or has legal residence in the state.
• Residency: Military service members may be considered residents if they are stationed in Iowa, even if they originally lived elsewhere.
• Service of Process: The SCRA protects active duty members from default judgments in divorce cases without proper notice and allows for delays if duties prevent participation.
• Property Division: Iowa is an equitable distribution state. Courts divide property fairly but not necessarily equally. Military pensions and retirement pay are subject to federal rules under the Uniformed Services Former Spouses’ Protection Act (USFSPA).
• Child Custody and Support: Custody decisions are based on the best interest of the child. Military schedules and deployments may affect parenting plans but do not disqualify service members from custody.
• Support Payments: Both spousal and child support are calculated using state guidelines, but military basics such as Base Pay, Basic Allowance for Housing (BAH), and Basic Allowance for Subsistence (BAS) are included in income determinations.

Frequently Asked Questions

What if my spouse is deployed overseas when I file for divorce in Iowa?

If your spouse is deployed, the SCRA allows for the postponement of divorce proceedings to ensure their rights are protected. Courts can delay hearings until the service member is available.

Can Iowa courts divide my military retirement benefits?

Yes, Iowa courts can divide military retirement benefits as part of the marital estate under the USFSPA. However, the non-military spouse must meet the ten-year marriage overlap rule for direct payment from the Defense Finance and Accounting Service (DFAS).

How does child custody work when a service member might be relocated or deployed?

Courts consider the best interests of the child. Special temporary custody arrangements and detailed parenting plans may be created to address deployments and relocations.

Can I get a divorce in Iowa if I just moved here due to military orders?

Generally, at least one spouse must meet Iowa’s residency requirement, but active-duty service members assigned to Iowa are often considered residents for divorce filings.

Am I entitled to a portion of my spouse’s VA disability benefits?

No, VA disability benefits are not considered marital property and are not subject to division in divorce. However, they may be factored into spousal or child support calculations.

How is child support calculated if one parent is in the military?

Child support is determined by Iowa guidelines. All sources of military pay, including BAH and BAS, are considered in calculating the service member’s income.

What happens if my spouse tries to delay the divorce by invoking military protections?

The SCRA allows for reasonable delays if military duties prevent participation in court proceedings, but it does not grant indefinite postponements. Courts balance the rights of both parties.

Will moving due to PCS (Permanent Change of Station) orders affect my divorce case?

PCS orders can complicate jurisdiction and parenting plans, but your lawyer can help ensure your case proceeds appropriately and your rights are protected.

How is alimony decided in a military divorce in Iowa?

Iowa courts consider factors like marriage length, earning capacity, and contributions to the marriage when awarding alimony. Military pay is included in calculating the amount.

Do I need a lawyer who specializes in military divorce?

It is highly recommended. A lawyer experienced in military divorce law understands the unique federal and state rules and can better protect your rights and interests.

Additional Resources

• Iowa Legal Aid - Offers legal assistance and information for low-income Iowans, including military family matters.
• Iowa State Bar Association - Provides a directory of qualified family law attorneys in Iowa.
• Defense Finance and Accounting Service (DFAS) - Handles military retirement and benefit payments.
• Iowa Department of Veterans Affairs - Offers support and information for veterans and their families.
• Servicemembers Civil Relief Act (SCRA) - Federal law providing protections for active-duty military members during legal proceedings.

Next Steps

If you are considering or facing a military divorce in Iowa, consider the following steps:

• Gather all necessary documents, including marriage certificates, pay stubs, military orders, and records of assets and debts.
• List your priorities, such as child custody, spousal support, and property division.
• Consult with a knowledgeable attorney who has experience with military divorce cases. Many law firms offer free initial consultations.
• Reach out to support organizations for additional guidance and resources.
• Be proactive in understanding your legal rights and obligations for a smoother process.

Taking informed action early can protect your interests and ensure a fair outcome in your military divorce in Iowa.