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Getting Help With Your Maryland Military Divorce

Ending a marriage that isn’t working – even if both parties agree it is broken – adds legal complexity to an emotionally trying time. Divorce in Maryland has many moving parts, and each one must be considered when crafting a settlement agreement or presenting your case before a divorce court judge. This complexity is magnified when one member of the marriage is active-duty military.

The law firm of Stuart C. Axilbund, Attorney at Law, based in Towson and serving all of metro Baltimore, provides a full spectrum of family law services. Mr. Axilbund has delivered more than 30 years of focused service in family law. Baltimore’s proximity to American defense installations has honed his skills in military divorce representation. You can trust him to help you obtain the results you desire and provide you with compassionate, open-minded counsel.

Is A Military Divorce Different From A Civilian Divorce?

Yes. Unlike a divorce between two civilians, military divorces are governed by a combination of state and local laws in the United States, as well as several federal laws that specifically address issues experienced by military service members on active duty or their civilian spouses.

Military Pensions

The 10/10 rule of military pensions entitles civilian ex-spouses of military members with at least 10 years of service at the time of the divorce, who were married to the military spouse for at least 10 years, to receive a portion of their spouse’s military retirement pay directly from the Defense Finance and Accounting Service.

Martial Property In A Military Divorce

Maryland is an equitable distribution state and considers military earnings part of the marital estate.

Child Custody When One Spouse Is In The Military

While military service members are entitled to similar custody rights as civilian parents, being subject to deployments can impact agreements or determinations on custody, so it is best for service members to proactively address how their children will be cared for in the event they are deployed.

Can The Military Help You Get A Divorce?

Military attorneys available at your installation’s legal assistance office can provide detailed counsel on the Servicemember Civil Relief Act and the Uniformed Services Former Spouses’ Protection Act. These federal laws can significantly impact your divorce.

However, because state and local law also govern divorce, it is sensible to have a Baltimore military divorce lawyer represent you in your marital dissolution.

How Do I Prepare For A Military Divorce?

As you can see, military divorce differs from the ending of a marriage when both spouses are civilians. To proactively prepare for divorce in a military family, especially if you want to file for divorce, you’ll want to research the following topics:

Where to file for divorce. Because military service members and their civilian spouses may move frequently for assignment changes and deployments, it’s essential to know where your spouse claims legal residency, and what state in which you claim legal residency.

How to ensure you get consent for the divorce from your spouse. This requirement is specific to military divorces. The Servicemember Civil Relief Act mandates that a civilian spouse who files for divorce cannot obtain a divorce from their military spouse if the service member does not acknowledge receipt of the legal paperwork or participate in divorce proceedings.

Understand your rights as a divorcing spouse and how they apply to your specific situation. Work with a qualified military divorce lawyer to determine how federal law related to military service impacts your child custody, support and asset distribution requests.

Trust A Towson Family Law Attorney With Your Divorce Challenges

Stuart C. Axilbund, Attorney at Law, is well versed in military divorce laws in Maryland and can smooth your path to a brighter future. Call Mr. Axilbund’s office in Towson at 410-670-8425. Appointments are available between 8:30 a.m. and 5:00 p.m., with evening hours by request.

The firm’s office is located within a few blocks of the Baltimore County Circuit courts. Free parking is provided. Credit cards, Visa and MasterCard are accepted. German translation is available.