Military Divorce Lawyers

While military divorces proceed according to the same legal framework as non-military divorces, many specific issues need to be considered that may be complicating factors. Military families face their own unique circumstances that could make divorce more challenging. You may not realize how complex a military divorce is until you are going through it yourself. You are better able to anticipate legal issues and work to obtain a more favorable resolution when you hire a military divorce attorney for your case.

Kansas Divorce Law Governs the Divorce Case

Kansas is home to Fort Leavenworth. Over 5,000 military personnel are stationed there, and more than 5,000 military family members accompany them. Military life can be stressful for a number of reasons, leading to a higher percentage of divorce. While service members may be passing through Kansas, they need to know the law in the state.

Even though you may be a military family serving the Federal government, Kansas state law will govern your divorce. While some federal laws may apply to your case, the principles that will underlie whatever decision the judge makes come from Kansas state law. You would still need to resolve issues that include:

Kansas military divorces can be either contested or uncontested. Do not assume that getting a military divorce in Kansas is easy. While the law may provide you with certain protections as a service member, there is no way around state courts and their legal process. Even uncontested and low-conflict divorces require intensive negotiations before you can resolve key matters. Since you are dealing with a military divorce, which has its own special considerations, you may find the legal process even harder.

When Can I File for a Military Divorce in Kansas?

Even if you are temporarily stationed at Fort Leavenworth, you are still able to file for divorce in Kansas. State law has an exception that applies to military families, allowing a spouse to file for a divorce no matter how long they have been in the state.

You may still be considered a Kansas resident for purposes of divorce even when you are not stationed there today. So long as you intend to return to Kansas after your service, you can be considered a resident of the state for purposes of filing a divorce.

You should consult with a family law attorney to help determine the state in which you should file for divorce. If you believe that filing in Kansas is the best option, you should get legal help from an attorney within the state.

Why You Need a Military Divorce Lawyer for Your Case

While there are attorneys on base who help clients with certain legal issues, they may not be able to provide you with the full service that you need in a divorce. Military attorneys can explain the law when it comes to benefits and other issues, but they cannot actually represent you in any type of court proceeding. They cannot litigate on your behalf, nor can they actually file any court papers for you. Therefore, you are better off when you hire a private divorce lawyer who can handle all aspects of your divorce, rather than trying to piece together legal help and doing things on your own.

Special Issues That Relate to a Military Divorce

While you may have issues in common with a non-military divorce, there are certain specific factors in your divorce that result from military service. These special considerations can include:

  • Military pensions: State law will mostly govern how military pensions are to be divided between spouses. A spouse may be entitled to up to 50% of their spouse’s military pension. It is treated as a marital asset in a divorce. The length of the marriage may be factored in when the court is equitably distributing marital assets.
  • Tricare: A non-military spouse can only continue to receive Tricare benefits if specific limited criteria are met. Children are allowed to remain on Tricare, even if both their parents are not able to do so.
  • Child custody issues: Military divorces often have more complex custody issues because the parents may live in different states from each other. Even when one parent is granted physical custody, it may be difficult to set and arrange a visitation schedule, given the physical distance between the parents. An experienced military divorce lawyer can help parents act creatively to devise solutions to difficult questions.
  • Disability benefits: Although veterans’ disability benefits are not considered marital property subject to division, they will be treated as income when computing child support payments.

The Servicemembers Civil Relief Act

There is a special federal law that protects deployed service members from having to deal with divorce proceedings when they are away from the state. The Servicemembers Civil Relief Act  grants a stay in certain divorce proceedings when a soldier is out of the state, regardless of whether they are in the United States or overseas. However, it is an open question whether they would receive a stay from all divorce actions. For example, there may be a need for an emergency order, which may not be able to wait until the service member is back in the state. The law is only twenty years old, so case law and precedent are still being settled and determined. Even though the law is a federal one, many cases are decided in Kansas courts that are tasked with applying the act.

Why You Need a Military Divorce Lawyer for Your Case

There are many considerations that you may not know about or understand when you are going through a military divorce. Your job, or being the spouse of a service member, can be stressful enough without the overlay of divorce proceedings. You can hand the details of your case over to a military divorce attorney, and they can represent you throughout the proceedings. They can help you anticipate the legal issues that you may deal with, as well as handle all of the details of the divorce. You can lean on and trust your lawyer to provide you with sensible advice and determined advocacy.

Contact a Kansas Military Divorce Attorney Today

The attorneys at the Colgan Law Firm, LLC assist Kansas spouses with their divorce and family law matters. You can feel confident that we will vigorously fight for your legal rights, while providing you with commonsense legal advice. You can schedule a consultation with one of our attorneys by messaging us through our website or by calling us today at 913-721-9999. It is always better to reach out to us as early as possible to avoid any later-in-time problems that can occur when you are dealing with issues on your own.

Back To Top
Close mobile menu