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Legal Help for Divorce in Ft. Campbell, TN
A military divorce can be emotional and stressful, even when the two parties are generally in agreement. The issues to resolve include fair property division, child custody and visitation, and spousal support. When represented by the Law Office of Hibbeler & Associates, you can trust that our Ft. Campbell divorce attorney will protect your interests and fight for a fair and equitable resolution.
Divorce for Military Service Members in Ft Campbell
Our legal team can guide you if you are stationed in Ft. Campbell and plan to divorce. Under Tennessee law, you can file for divorce if you have lived in the state for at least six months. You have two options for divorce: “fault” and “no-fault.” A fault-based divorce can be filed when evidence proves that one party in the divorce engaged in adultery, bigamy, desertion, or engaged in “inappropriate marital conduct.” This type of conduct includes abuse (physical, verbal, or emotional), failing to provide for basic needs, and various kinds of financial abuse. A no-fault is more straightforward and can be filed when the two parties agree on the major issues.
Contested Divorce in Ft. Campbell, TN
Several issues may be in contention in a military divorce, including the following:
Spousal Support
Tennessee state law allows for spousal support to be awarded in some cases. The factors the court will evaluate include fault and whether one party made “intangible contributions” to the marriage. These contributions include raising children, homemaking, or actions contributing to a spouse’s education. In some cases, the spousal support awarded will reflect the cost of job training and education so a former spouse can become financially independent or maintain the standard of living enjoyed during the marriage.
Property Division
In Tennessee, only marital property is divided between the divorcing spouses. Marital property is defined as the property acquired during the marriage, along with income from property or any increase in value of that property. Property division is based on the “equitable division,” and fault is not considered when dividing property. Military retirement pay can be divided based on the duration of the marriage and how the marriage overlaps with the years of military service. Military pension funds are typically divided at the time the service member retires.
Child Custody
Serving in the military brings unique challenges to child custody agreements. Uncertainties regarding relocation or active duty deployment can impact the ability to adhere to a standard child custody visitation schedule. It can be far more difficult for a parent who serves in the military and could be stationed in a different state or country to maintain contact with their children during some periods. The child custody order must be flexible, reversing a temporary custody order after the parent returns stateside after deployment.
Child Support
Members of the military stationed at Ft. Campbell can reach an agreement regarding child support outside of court, which can be an amount higher or lower than is found in the Tennessee state guidelines. When the two parties cannot agree, the court will determine the amount of child support based on the state’s guidelines.
Uncontested Divorce in Ft. Campbell
If you and your former marriage partner have agreed on the critical issues of property division and support, you can seek a faster, less complex solution with an uncontested divorce. These cases allow the two parties to use one attorney, splitting the cost. You will need the assistance of a civilian attorney to finalize an uncontested divorce. The divorce lawyers at the Law Office of Hibbeler & Associates are familiar with all aspects of military divorce and can help you through this process.
Contested Divorce in Ft. Campbell
Some divorcing partners are unable to agree on the critical issues of property division, support, child custody, and visitation. These matters significantly impact the future of both parties—and the children—and must be managed with exceptional skill. The outcome of a contested divorce will reflect the skills of your Ft. Campbell divorce lawyer. At the Law Office of Hibbeler & Associates, you can be confident that our divorce lawyers are focused on protecting your rights and interests in marriage dissolution. Our legal team brings years of experience representing military members stationed at Ft. Campbell, and we are dedicated to ensuring those we serve
The Uniformed Services Former Spouse Protection Act and Your Divorce
This Act allows former spouses of military members specific benefits when a former spouse has not remarried. The Act provides access to some military benefits. The state courts are granted the authority to divide some retirement pay between the service member and the former spouse in a divorce in Ft Campbell, TN.
- May grant a former spouse access to health care at military medical treatment centers.
- The Act also allows for benefits to be granted to some victims of spousal abuse or child abuse.
Division of Retired Pay in Military Divorce
The Uniformed Services Former Spouse Protection Act (USFSPA) does not require the division of military retirement pay. All cases are addressed as unique and have varying outcomes. In some cases, direct payment of retired pay may be ordered to be paid to a former spouse when approved by the court if the order explicitly provides that child support, alimony, or disposable pay be paid in this manner. The two spouses must have been married for 10 years or more, and the service member must have performed 10 years or more of service to the country to be eligible.
Divorce Mediation in Ft Campbell
Mediation can be an effective method to resolve the more contentious issues in a divorce. Achieving a divorce agreement without court intervention is also more affordable. The process can be very effective when both parties are willing to cooperate. In some cases, the two parties are so at odds that reaching an agreement is impossible, and the divorce must be resolved in court.
How Long Until a Military Divorce is Final?
A no-fault divorce requires waiting 60 days when the divorce does not involve children and 90 days when there are children. The period extends from the filing date to when the case is heard in court. Once heard, an uncontested divorce takes 60 to 90 days to be finalized. A contested divorce takes more time, as the process involves gathering supporting evidence, witnesses, and court appearances where the divorce lawyers argue the issues in contention.
Why Choose Us for a Military Divorce?
At the Law Office of Hibbeler & Associates, we bring top-tier legal skills to every case we represent. We are honored to be asked to serve as legal counsel to military members stationed at Ft. Campbell who need a divorce. Our legal team offers exceptional service and support in divorce, and all family law matters. As one of the few law firms serving the Ft Campbell area that is well-versed in military and civil law, we have the experience and knowledge to protect the soldiers we represent. Call us at 931-236-2711 for a free consultation today.
Military Divorce at Ft. Campbell, TN: FAQ
How can I divorce a spouse on active duty in another country?
This situation can be more challenging, starting with serving the divorce papers in another country. The jurisdiction where your former partner is stationed has legal requirements for divorce. If you are in this situation and need it resolved, we urge you to contact us so we can initiate the process, which generally requires more time.
Will my deployment affect my ability to have fair visitation or gain child custody?
When deployed, a military member can transfer custody to a family member. The custody order can then go into effect when the soldier is no longer deployed. In some cases, the other parent may challenge the custody agreement due to a more extended deployment, requiring assistance from a family law attorney to protect parental rights.
Can I file for divorce in Tennessee if my spouse lives in another state or country?
You can file for divorce in Tennessee when you meet the state’s residency requirements. At least one spouse must have lived in Tennessee for at least six months before filing. If your spouse resides in another state or country, proper service of divorce papers must be completed per Tennessee law and, when applicable, international treaties. A Tennessee divorce attorney can guide you through the process to ensure legal compliance and protect your rights.
What Happens If My Spouse Refuses to Sign Divorce Papers in Tennessee?
In Tennessee, you can still obtain a divorce even when a spouse refuses to sign the papers. If the divorce is contested, the court will hold a hearing to resolve issues such as property division, child custody, and support. The court can issue a default judgment if your spouse does not respond after being served with the divorce petition. An experienced Ft. Campbell divorce attorney can help you resolve this issue and take action to ensure your case moves forward to a resolution. Call 931-236-2711 today for a free case consultation.
