Military Divorce

Divorces can present major challenges to any family, but those where one or both serve in the military have additional rules and requirements that are designed to accommodate the unique lifestyle of military families. Nebraska features Offutt Air Force Base just outside of Omaha that is staffed by 8,000 personnel with 18,000 family members living on or near the base.

The staff at Kathleen M. Schmidt Attorney at Law is proud to work with our military and their families during this difficult time. We understand the unique challenges that military families face because of loved ones being in harm's way, deployed or transferred out of state or out of the country. There is also the matter of the couple dividing military benefits. We are here to help families overcome these challenges so that the families can move on to the next phase in their lives while remaining active parents.

Issues Unique To Military Divorce

There are specific issues or accommodations that must considered in military divorce:

  • The Service Members Civil Relief Act (SCRA) enables military personnel get an extra 60 days of time to address or respond to divorce proceedings. These rules apply if they are on active duty, in the time right after active duty, or if their duty prevents them in some way from responding to the divorce filing.
  • Divorce papers must be served to the recipient personally. If those papers cannot be served personally, the service person cannot be charged with default for failing to respond to a divorce action.
  • Direct payment of retirement pay is provided to spouses married 10 years or longer.
  • Spousal and child support will not exceed 60 percent of service person's pay and allowances.
  • The Uniformed Services Former Spouses' Protection Act (USFSPA) determines how military retirement benefits are calculated and divided upon divorce.
  • Despite military spouse separation entitlements, the courts may still authorize payments to a spouse regardless of the length of the marriage.

Contact Us To Discuss Your Military Divorce Needs

We can be reached at our office in Omaha by calling 402-330-7733. We also respond promptly to those who fill out their information on our Contact page. Initial consultations with a lawyer are free.