Ending a marriage is neither a simple nor a painless process. Matters become even more intricate when one spouse is a member of the military. Military divorces involve their own set of rules and regulations, necessitating a comprehensive understanding of the proceedings. This article aims to explore what occurs when your spouse serves in the military during a divorce in Tennessee.
How to Serve Divorce Papers
Serving divorce papers in military divorces can prove challenging, especially when the military spouse is deployed overseas. Nevertheless, Tennessee law provides alternative methods of service, such as certified mail or publication in a newspaper, to ensure the military spouse is adequately informed about the proceedings.
Dividing Military Pension and Benefits
The division of retirement benefits becomes a significant hurdle in military divorce cases. As per the Uniformed Services Former Spouses Protection Act (USFSPA), military retirement pay is regarded as marital property, and a portion of it can be awarded to the non-military spouse. In Tennessee, the "coverture fraction" method is followed, which calculates the portion of the servicemember’s pension earned during the marriage. Additionally, federal law allows for continued military benefits, including healthcare, to be available to the former spouse if the marriage lasted at least 20 years, with at least 20 of those years overlapping with the military member’s service.
Child Custody and Support
Specific laws regarding child custody and support do not exist solely for military divorces in Tennessee. The same regulations and guidelines applicable to any other divorce case within the state are followed. Local courts determine the best interests of the child by considering factors such as their age, health, the ability of each parent to provide care, and the child’s relationship with each parent.
Deployment and Its Impact
Deployments are common among military personnel and can significantly complicate divorce proceedings. Under the protection of the Servicemembers Civil Relief Act (SCRA), deployed military members can request a suspension of legal proceedings. This act safeguards the rights of servicemembers while on active duty and prevents courts from issuing default judgments against them. Additionally, a deployed military member has the option to designate a representative to act on their behalf in legal matters.
Concluding Thoughts
Military divorce cases in Tennessee come with their own set of distinctive legal challenges, emphasizing the importance of hiring a reliable and experienced family law attorney. At the Law Offices of Adrian H. Altshuler & Associates, our dedicated team of lawyers possesses the knowledge and expertise to navigate you through the process while upholding your rights. We recognize the unique complications tied to military divorce cases and remain committed to tirelessly advocating for you. Contact us today to schedule a consultation and take the first step towards resolving your case.