Understanding the Complexity of Military Divorce Laws in Tennessee
Military divorce cases in Tennessee share similarities with civilian divorces, but there are specific legal complexities unique to military divorces. These intricacies must be taken into account to ensure a smoother and less stressful process for all parties involved.
Tennessee Residency Requirements: More Flexibility for Military Members
To file for divorce in Tennessee, one spouse must meet the state’s residency requirement. For non-military residents, this means being a Tennessee resident for at least six months before filing for divorce. However, military members have more flexible residency requirements. If a military service member is stationed in Tennessee, they are considered a Tennessee resident, regardless of their established legal domicile.
The Servicemembers Civil Relief Act: Protecting Military Members
The Servicemembers Civil Relief Act (SCRA) provides active-duty military members with specific protections, such as shielding them from default judgments, seeking relief from civil actions, and delaying proceedings. The SCRA aims to allow military service members to focus on their military responsibilities without being burdened by financial or legal issues back home.
Regarding divorce proceedings, the SCRA empowers active-duty military members to delay proceedings for up to 90 days. If they can demonstrate that their military duties prevent their participation in the divorce proceedings, the delay can be longer.
Dividing Military Pensions: An Important Aspect
The division of a service member’s pensions and benefits is one of the most crucial aspects of a military divorce. Unlike civilian pensions, military pensions are subject to unique federal laws. The Uniformed Services Former Spouses’ Protection Act (USFSPA) governs the division of military pensions during a divorce. State courts follow the USFSPA guidelines when dividing military pensions as part of property division awards.
Equitable Division of Military Pensions in Tennessee
In Tennessee, military pensions are considered marital property if the service member earned the pension while married. These pensions, like any other marital property, are subject to equitable division between spouses. Equitable division doesn’t necessarily mean an equal split but is determined based on factors such as the duration of the marriage, the income and education of both parties, and their earning power and future prospects.
Under the USFSPA, state courts have the authority to divide military pensions between the former spouse and the service member. This can occur through a percentage-based award or a fixed amount. The former spouse may receive their share of the military pension through the Defense Finance and Accounting Service (DFAS), responsible for administering military pension payments.
If the service member is still serving and not yet retired, the former spouse may have to wait until retirement to receive their portion of the pension.
Child Support and Spousal Support Considerations
In Tennessee, child support is determined based on state guidelines that consider the income of both parents. The SCRA places a cap on the amount of child support that a service member can be required to pay, limiting it to no more than 60% of their pay and allowances.
Regarding spousal support, Tennessee law does not provide specific guidelines as it does for child support. The court holds broad discretion when awarding spousal support and considers factors such as the duration of the marriage, the standard of living during the marriage, the earning capacity and income of each spouse, and the contributions made by either party throughout the marriage.
Seek Guidance from an Experienced Tennessee Military Divorce Attorney
Military divorces can be complex, requiring the assistance of an attorney experienced in handling these cases. A qualified Tennessee military divorce attorney will be well-versed in the legal intricacies unique to military divorce proceedings. They understand matters such as residency issues, federal law, military pay and allowances, and the division of military pensions. Having a knowledgeable attorney by your side will ensure that your military divorce case has the best possible outcome.
Final Thoughts: Navigating the Complexity of Military Divorces in Tennessee
Military divorces in Tennessee present legal complexities that demand a comprehensive understanding of the unique issues involved. Considerations such as residency requirements, the impact of the Servicemembers Civil Relief Act, and the division of military pensions require careful navigation. By working alongside an experienced Tennessee military divorce attorney, you can safeguard your rights and interests throughout the entire divorce process.