Military Divorce Attorney in Kansas City, Kansas

Members of the military sacrifice a lot to serve our country. Sometimes, married couples where one or both spouses are military members have to get a divorce while on active duty. When this happens, military families face a number of challenges that non-military families don't. Navigating those challenges without legal counsel may lead to undesirable outcomes.  

Attorney DeWoskin, a military divorce attorney in Kansas City, Kansas, provides comprehensive guidance on these intricate matters, drawing from his extensive legal experience combined with military background. Currently serving as a Lieutenant Colonel in the U.S. Army Reserves, the attorney at Joseph A. DeWoskin, P.C., strives to make the legal process as smooth and stress-free as possible because he understands military life can be extremely demanding without the added stress of divorce.  

What Is Military Divorce?

Military divorce refers to the legal dissolution of marriage where one or both spouses are active duty, reserve members, or veterans of the military. Such divorces are governed by both state and federal laws, which may require legal counsel for equitable resolution. These cases involve unique challenges that distinguish them from civilian divorces, particularly because they must consider various military-specific regulations and laws. 

What Are Residency Requirements to File for Divorce in Kansas?

In Kansas, either party must be a resident of the state for 60 days before filing for divorce. Military personnel stationed in Kansas can establish residency if they are physically present and plan to remain indefinitely. In other words, military personnel stationed in Kansas or who claim Kansas as their home state can meet this residency requirement. This regulation provides military members the flexibility to file for divorce even when stationed elsewhere. 

How Is Military Pension Divided in Divorce?

Military pensions, like other marital assets, are subject to division during a divorce. The division is based on the length of the marriage overlapping with military service and is governed by both state law and the Uniformed Services Former Spouses’ Protection Act (USFSPA).  

The USFSPA permits state courts to divide military retirement pay in divorce. This means that a portion of the pension may be allocated to the non-military spouse, based on the duration of the marriage and other factors. Each case is unique, and the division must be approached with precision to ensure fairness and comply with applicable laws. This may require the help of a Kansas City military divorce attorney.  

Payment of Military Pension to a Non-Military Spouse Under USFSPA

The USFSPA allows state courts to divide military retirement pay between service members and their former spouses. It authorizes the direct payment of a portion of the service member’s retirement pay to the non-military spouse. This arrangement ensures that the non-military spouse receives their entitled share without relying on the service member to facilitate payments. The specifics of the payment, including the percentage or amount, are determined by the court and outlined in the divorce decree.  

What Is the 20/20/20 Rule?

The 20/20/20 rule provides that a former spouse is entitled to full military benefits, including medical, commissary, and exchange privileges if the marriage lasted 20 years, the service member served 20 years, and there was a 20-year overlap. 

What Is the Servicemembers Civil Relief Act?

The Servicemembers Civil Relief Act (SCRA) provides protections to military members against legal and financial obligations, allowing them to focus on national defense. It includes provisions for postponing court proceedings, including divorces. In other words, the SCRA aims to prevent default judgments against service members who may not be able to participate in legal actions due to military duties.  

Is It Possible to Get a Divorce When Stationed Overseas?

Yes, a service member or their spouse can file for divorce while stationed overseas. However, jurisdictional issues and the involvement of multiple legal systems can complicate the process, making legal counsel essential. That’s because coordinating legal proceedings across different jurisdictions requires careful planning and understanding of both military and state laws.  

Should You Hire a Military Divorce Attorney? 

If you or your spouse is a military service member, getting a divorce will be more complicated than for couples who have nothing to do with the military. Here are some of the reasons to hire an attorney who handles military divorce cases:  

• Knowledge of military laws - Your attorney has a comprehensive understanding of military-specific regulations and benefits. 

• Navigating complex jurisdictional issues - Your attorney will manage all multi-state and international legal matters. 

• Experience with SCRA - Your attorney is knowledgeable about service member rights and protections under SCRA. 

• Protection of rights - Your attorney will work to help ensure a fair division of assets, including military pensions. 

• Strategic guidance - Your attorney will provide tailored strategies for military family dynamics. 

Getting a divorce when you or your spouse is an active duty service member means you must take additional considerations and prepare for potential obstacles. With a Kansas military divorce and family law attorney, you will be able to obtain the most favorable resolution possible.  

Why Choose Joseph A. DeWoskin, P.C.?

Attorney DeWoskin offers more than 25 years of legal experience coupled with a deep understanding of military life, as he currently serves as a Lieutenant Colonel in the U.S. Army Reserves. His empathy for clients and dedication to providing tailored legal solutions sets his practice apart. Clients can expect high-quality representation at a reasonable cost, ensuring their rights and interests are protected during this challenging time.