Best Military Divorce Lawyers in Pennsylvania

About Military Divorce Law in Pennsylvania, United States

Military divorce in Pennsylvania refers to the legal dissolution of a marriage where at least one spouse is a service member in the United States military. These cases are governed by a unique set of rules that combine federal statutes, such as the Servicemembers Civil Relief Act, and Pennsylvania state laws. Military divorces often involve complex issues like division of military pensions, jurisdictional questions, child custody during deployments, and military benefits for spouses. Understanding these complexities is essential for ensuring both parties’ rights are protected and obligations are clear.

Why You May Need a Lawyer

Military divorces can present legal challenges that are not common in civilian divorces. Some situations where legal help is critical include:

• Deciding which state has jurisdiction to hear your divorce case when spouses are stationed in different locations
• Navigating the division of military retirement benefits under federal and state law
• Protecting your legal rights under the Servicemembers Civil Relief Act, which can impact court proceedings and timelines
• Handling child custody and visitation arrangements during active duty or deployment
• Ensuring continued access to military health care and other benefits for eligible spouses
• Understanding your rights and obligations regarding spousal or child support
• Resolving conflicts about property and debt division, especially where military entitlements are involved

An experienced attorney can help you understand your options, protect your interests, and ensure full compliance with applicable laws.

Local Laws Overview

In Pennsylvania, military divorces follow the same basic process as civilian divorces but with several important distinctions:

• Residency: Normally, at least one spouse must have lived in Pennsylvania for at least six months to file for divorce. For military members stationed in Pennsylvania, these requirements can be adapted, as residency may be established through their physical presence.
• Jurisdiction: The place where you can file may depend on where the military spouse is stationed, where the non-military spouse lives, and where the service member claims legal residence.
• Division of Military Pensions: Pennsylvania courts must follow federal law, including the Uniformed Services Former Spouses’ Protection Act, which allows for the division of military retirement benefits in a divorce decree.
• Servicemembers Civil Relief Act (SCRA): SCRA provides important protections for active duty service members, such as delaying divorce proceedings and protecting them from default judgments if service obligations prevent participation.
• Child Custody and Support: Deployments and relocations can impact custody and support arrangements. Courts must consider the best interests of the child and work to maintain parent-child relationships when possible.
• Military Benefits: Eligibility for continued access to Tricare, housing, and other military benefits for former spouses depends on specific criteria, such as length of marriage and time overlapping with military service.

Understanding how these state and federal rules interact is crucial for anyone facing a military divorce in Pennsylvania.

Frequently Asked Questions

What is the difference between a military divorce and a civilian divorce in Pennsylvania?

A military divorce includes issues unique to service members, such as division of military retirement, jurisdictional questions, and protection under federal laws like the SCRA. Otherwise, the general process for divorce in Pennsylvania applies.

Which state can I file for divorce in if my spouse is a service member?

You may be able to file in the state where the service member is stationed, their legal residence, or where the non-military spouse resides. Jurisdiction can be complex, so legal counsel is often needed.

Can military service delay a divorce proceeding?

Yes. Under the Servicemembers Civil Relief Act, active service members can request to postpone court proceedings if their military duties prevent them from participating.

How is military retirement divided during divorce in Pennsylvania?

Military retirement benefits can be considered marital property under Pennsylvania law and divided in accordance with the Uniformed Services Former Spouses’ Protection Act, depending on the length of the marriage and overlap with military service.

Will I lose access to military benefits after divorce?

It depends. Former spouses may be eligible for certain military benefits like health care only if the marriage and service overlapped for specific periods, outlined under the "20-20-20" or "20-20-15" rules.

How does deployment affect child custody and visitation?

Deployment can impact custody and visitation arrangements. Pennsylvania courts aim to make orders that allow ongoing child-parent relationships, even during periods of active duty or deployments.

Does military pay factor into child and spousal support calculations?

Yes. All types of military income, including base pay, allowances, and bonuses, are considered when calculating child and spousal support.

Do I need to attend court in Pennsylvania if I am stationed elsewhere?

If you are stationed out of state or overseas, the court may allow your participation by phone or video conference, particularly under circumstances related to military service.

What protections does the SCRA provide service members in divorce?

The SCRA may delay court proceedings and prevent default judgments against active duty members who cannot respond or appear due to service obligations.

Do I have to wait until my spouse returns from deployment to file for divorce?

You do not have to wait to file, but the divorce proceedings may be postponed if the service member’s duties prevent them from participating, in accordance with the SCRA.

Additional Resources

Several organizations and agencies offer information and assistance to individuals going through a military divorce in Pennsylvania:

• Pennsylvania Bar Association - for attorney referrals and legal information
• Military OneSource - provides legal resources and counseling for service members and their families
• Pennsylvania Legal Aid Network - offers legal assistance, including for military families
• Local JAG (Judge Advocate General) Office - military lawyers can provide advice on certain aspects of family law
• Pennsylvania Department of Military and Veterans Affairs - information on military benefits and support programs

Next Steps

If you are facing a military divorce in Pennsylvania, consider these steps:

1. Gather all relevant documents, including marriage certificate, service records, financial statements, and any existing court orders.
2. Consult with a legal professional who has experience with military divorces in Pennsylvania. They can help you understand your rights and obligations under both state and federal law.
3. Contact your local JAG office for preliminary legal advice and guidance, especially if you are currently serving.
4. Discuss all issues openly with your spouse if possible, as negotiating a settlement can help avoid lengthy litigation.
5. Stay informed about your legal responsibilities regarding support, custody, and property division, and keep careful records of all proceedings and communications.
6. Follow up regularly with your attorney or support organization to ensure timelines and legal requirements are being met throughout the divorce process.

Taking these steps will help you protect your rights, fulfill your legal obligations, and secure the best possible outcome during a military divorce in Pennsylvania.