Best Military Divorce Lawyers in Wisconsin

About Military Divorce Law in Wisconsin, United States

Military divorce in Wisconsin is a legal process that addresses the dissolution of marriage when one or both spouses serve in the United States Armed Forces. While military divorce shares many similarities with civilian divorce, it comes with unique challenges due to federal laws and military-specific benefits, as well as the cross-jurisdictional lifestyle of military families. Key considerations include the division of military pensions, determining jurisdiction, handling child custody arrangements during deployment, and compliance with federal protections for active-duty service members.

Why You May Need a Lawyer

Military divorce can be significantly more complex than civilian divorce. These are some common scenarios where you may require the assistance of an experienced lawyer:

• Navigating the division of military pensions and benefits as governed by specific federal laws.
• Establishing the correct jurisdiction for filing the divorce, which may depend on domicile, residency, or station assignment.
• Handling child custody and visitation issues when one or both parents might be deployed or frequently relocated.
• Ensuring compliance with the federal Servicemembers Civil Relief Act (SCRA), which provides certain legal protections and can delay divorce proceedings.
• Protecting your rights and interests in alimony, child support, medical benefits, and other key issues unique to military families.
• Responding to or initiating legal proceedings while deployed or stationed overseas.

Local Laws Overview

Wisconsin military divorces are governed by both state divorce laws and federal statutes that apply to service members. Below are crucial legal aspects to consider:

• Jurisdiction: In Wisconsin, at least one spouse must have resided in the state for at least six months and in the county of filing for at least 30 days. Service members stationed in Wisconsin may qualify as residents for these purposes.
• Division of Military Benefits: The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows Wisconsin courts to divide military retirement benefits as marital property. The calculation and distribution can be complex and depends on both state and federal guidelines.
• Child Custody and Support: Wisconsin courts prioritize the best interests of the child. Military status, deployments, and relocations can impact how custody and visitation orders are structured.
• Protections Under SCRA: The SCRA allows active-duty service members to request a stay or delay in divorce proceedings, helping them avoid default judgments while deployed or on active duty.
• Spousal Support: Wisconsin uses a case-by-case approach to spousal maintenance, taking into account the duration of the marriage, the earning potential of each spouse, and both military and civilian incomes.

Frequently Asked Questions

What are the key differences between a civilian and a military divorce in Wisconsin?

The main differences include federal protections for service members, unique challenges in dividing military benefits, and the impact of deployment or station changes on proceedings and child custody.

How is military retirement pay divided in a Wisconsin divorce?

Under federal law, military retirement pay can be divided as marital property. Wisconsin courts typically use the “Majauskas formula” or a similar approach to determine the non-military spouse’s share.

Can I file for divorce in Wisconsin if I am stationed elsewhere?

Yes, if you or your spouse meet the residency requirements, you may file in Wisconsin even if stationed out of state or overseas. Proof of residency is required.

How does deployment affect divorce or custody proceedings?

Deployment can delay proceedings due to SCRA protections. Courts may also make special custody arrangements to accommodate a parent’s deployment schedule.

What is the Servicemembers Civil Relief Act (SCRA)?

The SCRA is a federal law that provides legal protections to active-duty service members, such as the right to postpone court proceedings if their military duties interfere with their ability to participate.

How does child support work when a parent is in the military?

Child support is based on state guidelines but can include both military and civilian incomes. The military also has regulations ensuring support for dependents.

Will I lose my military ID and healthcare benefits after divorce?

Your eligibility for military benefits depends on factors like length of marriage and military service. Some former spouses may retain certain benefits under the 20/20/20 rule.

What happens if my spouse ignores the divorce papers due to deployment?

Due to SCRA, courts typically cannot enter a default judgment without confirming the servicemember has been properly served and has had the opportunity to respond. The proceedings may be delayed.

How are pensions and Thrift Savings Plans (TSPs) handled?

Both are considered marital property in Wisconsin and may be divided in divorce. The court will determine a fair distribution based on various factors.

Can I get alimony if I am divorcing a military spouse in Wisconsin?

Yes, alimony or spousal maintenance may be awarded based on the circumstances of your marriage, each spouse’s income, and other relevant factors.

Additional Resources

People seeking legal advice for military divorce in Wisconsin can find support and guidance from several key resources:

• Wisconsin Department of Veterans Affairs: Offers resources and referrals for veterans and their families.
• Legal Assistance Offices at Military Installations: Provides initial guidance to service members on family law matters.
• State Bar of Wisconsin Lawyer Referral and Information Service: Helps connect you with local attorneys experienced in military divorce.
• Military OneSource: Offers confidential, non-legal support and resources for military families.
• Family Law Self-Help Center (Wisconsin Court System): Provides forms and information for self-represented litigants.

Next Steps

If you need legal assistance with a military divorce in Wisconsin, consider the following actions:

• Assess your current situation, including residency, military status, and any immediate legal needs.
• Gather important documents such as marriage certificates, financial statements, military orders, and benefit information.
• Contact a qualified attorney with experience in both military and Wisconsin family law to discuss your case and understand your rights.
• Utilize available military and local legal support services for advice and initial consultations.
• Prepare for the possibility of court proceedings being delayed if you or your spouse are on active duty, and stay in communication with your attorney and the court.
• Stay informed about your legal rights and responsibilities by consulting trusted resources and asking questions throughout the process.

Military divorce is often complex, but with the right preparation and professional support, you can protect your interests and achieve a fair outcome. If you are unsure where to begin, reach out to a legal professional for a confidential evaluation of your situation.