Best Military Divorce Lawyers in Massachusetts

About Military Divorce Law in Massachusetts, United States

Military divorce in Massachusetts refers to the dissolution of a marriage where at least one spouse is an active duty service member, reservist, or military veteran. While military personnel must follow the same basic divorce process as civilians, military divorce cases can be more complex due to federal protections, residency requirements, and special rules relating to property division, child custody, and support. Massachusetts courts apply both state and federal laws to ensure that the rights of both service members and civilian spouses are respected throughout the divorce process.

Why You May Need a Lawyer

Military divorce presents unique legal challenges that may require professional legal assistance. Common situations where legal help is beneficial include:

• Determining the proper jurisdiction for filing the divorce
• Addressing deployment, relocation, or residency issues impacting proceedings
• Dividing military pensions and benefits, which are governed by federal law (especially the Uniformed Services Former Spouses’ Protection Act)
• Calculating child support and spousal support with military income and allowances
• Negotiating child custody arrangements when deployment or transfers are involved
• Protecting rights related to the Servicemembers Civil Relief Act (SCRA), which may delay or suspend proceedings during active duty
• Ensuring compliance with both Massachusetts family laws and federal regulations

Lawyers experienced in military divorce can help you avoid costly mistakes and advocate for your interests in these challenging circumstances.

Local Laws Overview

Massachusetts follows its own set of rules in addition to federal regulations governing military divorce. Key aspects include:

• Jurisdiction: At least one spouse must be a Massachusetts resident or stationed in Massachusetts to file for divorce in the state.
• Property Division: Massachusetts follows equitable distribution principles. The court divides marital property fairly but not necessarily equally. Under federal law, military pensions and TSP accounts may be divided as part of marital property.
• Child Custody: The best interests of the child remain the standard, but military duties such as deployments are factored into custody decisions and parenting plans.
• Child and Spousal Support: Military income, basic allowance for housing (BAH), and other entitlements are considered when calculating support. Massachusetts Child Support Guidelines apply unless a deviation is warranted.
• Servicemembers Civil Relief Act (SCRA): Courts must accommodate service members’ military duties by potentially delaying proceedings or providing special protections.
• Health Insurance: Former spouses may qualify for continued TRICARE benefits under certain conditions, depending on length of marriage and service overlap.

Frequently Asked Questions

Does the military handle divorce cases?

No, divorce cases must be filed in state court. The military does not grant or process divorces but may have support services to help with related concerns.

Can I file for divorce in Massachusetts if I am stationed out of state?

As long as Massachusetts is your legal residence or your spouse resides in Massachusetts, you may be eligible to file in the state even if stationed elsewhere.

How is military retirement divided in a divorce?

Military retirement is considered marital property under Massachusetts law if accrued during marriage. Division is subject to the Uniformed Services Former Spouses’ Protection Act and state equitable distribution principles.

Will my military benefits be affected by divorce?

Your divorce may impact both your and your former spouse's eligibility for some benefits, such as TRICARE or certain housing allowances. The exact impact depends on the length of marriage and service overlap.

What if I am deployed when my spouse files for divorce?

The Servicemembers Civil Relief Act allows deployed service members to delay divorce proceedings, ensuring they are not unfairly disadvantaged by military duties.

How is child custody handled if one parent may be deployed?

Court decisions focus on the child's best interests but will consider deployment and military obligations. The court may adjust custody arrangements and parenting plans to accommodate deployments.

How is child support calculated for military families?

The court considers all income, including basic pay, housing, and other allowances, when calculating child support according to Massachusetts Child Support Guidelines.

What are the residency requirements for military divorce in Massachusetts?

Typically, one spouse must have lived in Massachusetts for at least one year, or the cause of the divorce occurred in Massachusetts while living as a married couple.

Can I get legal help on base?

Many military installations offer legal assistance offices that provide basic legal information. However, military lawyers cannot represent you in civilian state divorce proceedings.

Does the non-military spouse have any protections in divorce?

Yes, both state and federal laws ensure that the non-military spouse’s rights regarding property, support, and custody are protected during the divorce.

Additional Resources

• Massachusetts Probate and Family Court - For filing and managing divorce cases
• Massachusetts Legal Assistance Corporation - Free or low-cost legal help for qualifying individuals
• Military legal assistance offices - Offer guidance on military-specific rights and benefits
• Department of Defense - Provides overviews of federal protection laws and benefit programs
• Defense Finance and Accounting Service (DFAS) - Information on dividing military retirement
• Massachusetts Bar Association - Referrals to local divorce attorneys with military experience
• National Military Family Association - Support and resources for service member families

Next Steps

If you are facing a military divorce in Massachusetts, the process can feel overwhelming. Begin by gathering all relevant documents such as marriage certificates, financial records, military orders, and information about pensions and benefits. Reach out to a family law attorney with experience in military divorce to discuss your specific situation. Consider consulting a legal assistance office on your military installation if you are an active service member. If your financial circumstances are challenging, contact local legal aid organizations to determine eligibility for free or low-cost representation. Prioritize protecting your rights and the well-being of your family by seeking prompt and informed legal guidance tailored to your unique circumstances.