Getting a divorce is never easy, and the process can be even more challenging when one or both spouses are members of the military. Military divorces in Maine often involve unique issues and challenges that require a thorough understanding of both military and family law.
In this article, we’ll explore everything you need to know about military divorce in Maine, including:
- Overview of military divorce in Maine
- Understanding the Servicemembers Civil Relief Act (SCRA)
- Dividing military pensions and benefits in Maine
- Child custody and support in military divorce cases
- Working with a Maine military divorce attorney
Overview of military divorce in Maine
Military divorce differs from civilian divorce due to the need to consider military regulations, rules, and laws. The state in which a military couple files for divorce is determined by where the couple legally resides, not necessarily where the military member is stationed.
Military couples in Maine can file for divorce following the same procedures as civilian couples. They must meet the residency requirements, attend court hearings, and comply with Maine’s divorce legalities.
It’s important to note that military couples may encounter unique challenges when it comes to filing for divorce and dividing assets, such as military pensions and benefits.
Understanding the Servicemembers Civil Relief Act (SCRA)
The Servicemembers Civil Relief Act (SCRA) provides protections to active-duty military personnel, including those going through a divorce. The SCRA allows military members to request a delay in divorce proceedings or a stay, also known as a pause, in the divorce process while they are on active duty.
Other benefits of the SCRA include lower interest rates on various financial accounts, protection from eviction, and various court protections. A Maine military divorce attorney can explain how the SCRA applies in your specific case.
Dividing military pensions and benefits in Maine
The most significant financial asset involved in many military divorces is the military pension. These pensions are typically protected under the Uniformed Services Former Spouses’ Protection Act (USFSPA), which allows for the division of the military pension between spouses as part of the divorce settlement.
When a Maine court divides a pension, it distributes a portion of the marital property (in this case, the pension) to both parties. The division is based on the length of the marriage during military service, and this marital fraction is used in pension earning calculations.
Other benefits that may be impacted by a military divorce include disability benefits and health care coverage. A Maine military divorce attorney can help you navigate these complex issues and determine how to divide military pensions and benefits fairly.
Child custody and support in military divorce cases
Child custody and support matters are determined by Maine state law, regardless of whether one or both parents are active military members. When a military parent is deployed, their custody and visitation rights may be affected, and the court may need to modify the parenting plan accordingly.
Child support in military divorce cases is calculated similarly to civilian divorce cases, but the calculations may change if one or both parents receive additional allowances or special pay. In cases where a parent is on active duty, the calculation of support may be different as the military member’s income is calculated differently than civilian income.
Working with a Maine military divorce attorney
Military divorces in Maine can be overwhelming, but working with a Maine military divorce attorney can make the process smoother and less stressful. These attorneys are well-versed in both military and family law, and they can help you navigate the complexities of:
- Filing for divorce in Maine
- Understanding federal and state laws related to military divorce
- Dividing military pensions and benefits
- Protecting parental and custody rights
- Calculating child support
A Military divorce attorney can also help ensure your rights and benefits under the SCRA are protected and can provide guidance and support in communicating with your spouse or their attorney.
Conclusion
Military divorces in Maine can be challenging, but with the right legal guidance, you can navigate the process and secure the best possible outcome. By understanding military regulations and protections, dividing financial assets fairly, and protecting your parental and custody rights, you can successfully end your marriage and move on to your next chapter. Contact a Maine military divorce attorney today to schedule a consultation and get started on your case.