Military Divorce

Divorce while serving in the military.

Divorce is a challenging and stressful process for anyone, but it can be especially complicated for members of the military and their spouses. Military divorce involves not only the state laws of Tennessee, but also the federal laws and regulations that govern the military. On this page, we will discuss some of the most important aspects of military divorce in Tennessee, such as residency requirements, service of process, child custody, property division, and spousal support.

Residency requirements: To file for divorce in Tennessee, either the spouse filing for divorce or the spouse being served must be a resident of the state. However, for members of the military who are stationed in Tennessee, the residency requirement may vary depending on whether they claim legal residency in another state. According to some sections of Tennessee divorce law, a member of the military can be considered a resident of Tennessee after living in the state for six months or a year, depending on the circumstances. However, other sections of the law suggest that a member of the military can only file for divorce in Tennessee if he or she claims legal residency in the state. Therefore, it is advisable to consult with an attorney who is experienced in military divorce to determine the best jurisdiction for filing.

Service of process: Another issue that may arise in a military divorce is how to serve the divorce papers on the spouse who is a member of the military. Depending on where the spouse is stationed or deployed, serving papers may be difficult or impossible. The different branches of the military have different policies on how to serve papers on their members, and some states or countries may have specific laws that have to be followed. Moreover, under the Servicemembers Civil Relief Act (SCRA), a member of the military who is on active duty can request a 90-day suspension of the divorce proceedings if his or her military duties prevent him or her from appearing in court . The court can grant or deny this request depending on whether it finds that the member of the military is acting in good faith or trying to avoid his or her responsibilities.

Child custody: Child custody is one of the most sensitive and complex issues in any divorce, but it can be even more challenging in a military divorce. When one or both parents are members of the military, they may have to deal with frequent relocations, deployments, temporary assignments, and other factors that affect their ability to care for their children. In Tennessee, child custody is determined by the best interests of the child standard, which considers various factors such as the parents' wishes, the child's wishes, the relationship between the child and each parent, the stability of each parent's home environment, and so on. However, when one or both parents are members of the military, additional factors may come into play, such as the potential impact of relocation or deployment on the child's well-being and development. To protect the rights and interests of deployed parents and their children, Tennessee has adopted the Uniform Deployed Parents Custody and Visitation Act (UDPCVA), which provides a process for notifying the other parent about deployment, making out-of-court agreements, expediting hearings for disputes, and preventing permanent changes to custody orders while a parent is deployed.

Property division: Property division is another important aspect of divorce that can be affected by military service. In Tennessee, property division is based on equitable distribution, which means that marital property (property acquired during the marriage) is divided fairly but not necessarily equally between the spouses. The court considers various factors such as the duration of the marriage, the contribution of each spouse to the acquisition of property, the economic circumstances of each spouse, and so on. However, when one or both spouses are members of the military, some types of property may be subject to federal laws that override state laws. For example, under the Uniformed Services Former Spouses' Protection Act (USFSPA), a former spouse of a retired member of the military may be entitled to receive direct payments of a portion of his or her retirement pay from the Department of Defense. However, this only applies if the marriage lasted at least 10 years while the member was on active duty . Other types of property that may be affected by federal laws include survivor benefits, disability pay, thrift savings plans, and tax benefits.

Spousal support: Spousal support (also known as alimony) is money paid by one spouse to another after divorce to help maintain his or her standard of living. In Tennessee, spousal support is not automatic, but it may be awarded by the court based on various factors such as the need and ability of each spouse, the duration of the marriage, the conduct of each spouse during the marriage, and so on. However, when one or both spouses are members of the military, spousal support may be influenced by other factors, such as the total income and allowances of the member of the military, the impact of relocation or deployment on the earning capacity of the spouse, and the provisions of the USFSPA. The USFSPA limits the amount of spousal support that can be deducted from a member's pay to 50% or 60% depending on whether there are other garnishments or obligations.

Military divorce in Tennessee is a complex and challenging process that requires the guidance and representation of an attorney who is knowledgeable and experienced in both state and federal laws. If you or your spouse are members of the military and are considering divorce, you should contact us as soon as possible to protect your rights and interests.