Witchita Family Lawyer

Military Divorce

At the law offices of the Wichita family lawyer, we believe that our men and women in uniform deserve particular attention to their family law cases, if not for their service, than for the unique standards the military has imposed on service members. There are more regulations and therefore more potential complications with military divorces than in civilian cases.

The Wichita family lawyer can represent any client from any branch of the military. Even if you are active duty or deployed overseas, our family law firm can help. The grounds for a military divorce are the same as with civilian divorces. In order to seek a military divorce in the state of Kansas, you or your spouse must:

Our Wichita Divorce Attorney Is Highly Knowledgeable

If a spouse is active duty, he or she must be personally served with a summons and a copy of the divorce petition in order for the Kansas court to proceed. If the divorce is uncontested, this process can be waived as long as the active duty spouse signs an affidavit. It is possible for a military divorce to be postponed if the active duty spouse does not meet the aforementioned requirements.

Military service members seeking a divorce should be aware of the Uniformed Services Former Spouse Protection Act (USFSPA). This law goes beyond civilian spousal support and alimony laws to state that in some situations a divorcing civilian spouse may be entitled to a portion of the military spouse’s pension. The decision is determined upon the financial situation of both spouses and the duration of the marriage prior to the divorce. The state of Kansas requires at least 10 years of marriage for this act to apply.

If you are a military spouse seeking a divorce, contact the law office of the Wichita family lawyer today to discuss your case.