Experienced With The Issues Facing Military Families

Every divorce carries challenges — some personal, some financial. Even the most amicable separations can involve anger, frustration and concern that you will walk away with nothing in the end. These challenges are often exacerbated for individuals involved in a divorce with a current service member or veteran.

At Melinda Weerts Law, PLLC, in Fargo, North Dakota, our experience has shown us that divorce does not have to be an end. It can be a positive new beginning. Let our lawyers help you through your military divorce concerns so you can walk away on a stable footing.

What Is Different In A Veteran, Military Or Active Duty Divorce?

The majority of divorces involve property division, child support, child custody and other obvious family issues. Many of the most contentious issues in a military divorce, however, involve long-term benefits that military personnel have. These benefits, include:

  • Military pensions and retirement benefits
  • VA Disability Waivers and Combat Related Service Compensation
  • Military housing benefits or VA loans
  • Health care benefits
  • Custody and parenting time rights during deployments

In marriages where only one party is a military service member, entitlement to benefits for the nonmilitary spouse depend upon the specific type of benefit, how long the marriage lasted, the total length of military service, the number of years the marriage overlapped with military service and related details.

Where Should I File For Divorce?

Filing for divorce when serving overseas is risky, as rulings in other jurisdictions are not guaranteed to be recognized in the United States. You are well-advised to file for divorce stateside, which can be the state where the service member is stationed, where the service member is a legal resident or where the nonmilitary spouse resides.

Federal law also protects service members from lawsuits, including divorces, while they are deployed. Unless a service member waives those protections, lawsuits must be placed on hold until the deployment ends.

The Best Way To Proceed? If Possible, Collaborate.

Perhaps no one understands the devastation of combat better than our military families and veterans. Pursuing battle in a divorce also involves risk and potential collateral damage to yourself and your family. When necessary, our team stands ready to fight for our clients' rights in court.

However, your best chance at a favorable outcome will likely involve disciplined efforts to work with your spouse toward a reasonable resolution, rather than combat against him or her. This keeps decision making in your hands as much as possible, and will help you walk away with agreements that more closely reflect your individual goals and your family's unique needs.

Through the entire process, we will advise you as to the advantages and disadvantages of your legal options and help you proceed in your best interests.

Contact A Lawyer At Our Office Today

Moving beyond today's challenges is possible. Start by arranging an initial evaluation with an experienced attorney and counselor at law. To schedule your consultation, please call us at 701-297-2234 or send us an email. Our team is here to help make this transition as simple and positive as possible.