Military Divorce
Navigating the Complexities with a Knowledgeable Military Divorce Attorney in Maryland
Divorce can be particularly challenging for military members due to the unique legal issues that arise from federal and state laws governing military divorces. At the Law Offices of Ellen L. Lee, we focus on handling divorces and other legal matters for military families in Maryland. If you or your spouse are on active duty, an experienced military divorce attorney at our firm can provide the knowledge and guidance you need throughout the military divorce process.
Filing for Military Divorce and Serving Spouses on Active Duty
To file for divorce in Maryland, the law stipulates that at least one member of the military couple must reside in or be stationed in the state. If you are seeking a divorce from your active duty military spouse, you must personally deliver a copy of the divorce petition and a summons to them. However, if your military spouse agrees to the divorce and files a waiver, formal service of the papers is not required.
Laws Governing Military Divorce in Maryland
Delays in Divorce Proceedings
Under the Servicemembers Civil Relief Act (SCRA), members of the military, including the National Guard and Reserves, are protected from being sued for divorce or other reasons while on active duty. Unlike civilians who typically have a limited amount of time to respond to divorce papers, a service member who receives divorce petitions during active duty has an extended period of 90 days after the end of their service to respond. This time frame gives the military spouse ample time to consult with a divorce lawyer. However, military members can choose to waive this right and proceed with the divorce while still on active duty.
Property Division and Military Divorce
The Uniformed Services Former Spouses’ Protection Act (USFSPA) safeguards certain military retirement benefits from being considered joint assets in a divorce. However, only marriages that lasted for a minimum of 10 years while the military spouse was on active duty are eligible for a portion of retirement benefits in the event of a divorce. It’s important to note that the USFSPA does not automatically grant a former spouse entitlement to a share of the service member’s retirement pay. A court must make the decision and include it in the final divorce decree.
What Maryland’s 2023 Changes in Divorce Laws and Options Mean for Your Military Divorce
As of October 1, 2023, significant changes to Maryland’s divorce laws have gone into effect, directly impacting active service members or veterans seeking a divorce.
A notable change is the elimination of limited divorce options, making absolute divorce the only type of divorce in Maryland. Once a judge grants a divorce, it is final and ends the marriage entirely, which could streamline the process for military members or veterans who decide to end their marriage.
The grounds for divorce have also been modified, shifting away from fault-based grounds and towards three no-fault grounds.
You must meet one of three no-fault grounds for an absolute divorce in Maryland:
- Irreconcilable differences
- Separation if the parties have lived separate and apart for six months
- Mutual consent
These changes aim to modernize the divorce process and could simplify the process for active duty service members or veterans. Specifically, the reduced waiting period for separation and the inclusion of irreconcilable differences as a ground for divorce could make seeking a divorce easier and quicker, particularly for service members deployed or stationed outside of Maryland.
However, as before, military divorces still involve unique complexities such as jurisdictional issues, division of military pensions, and SCRA protections. At The Law Offices of Ellen L. Lee, we are familiar with military divorce laws and how they relate to Maryland’s new divorce law changes. We are a phone call away.
Contact Our Military Divorce Lawyer in Maryland Today
If you want to learn more about military divorce and the unique family law challenges faced by military families in Maryland to file for divorce, reach out to the Law Offices of Ellen L. Lee today. Call us at (301) 279-0692(301) 279-0692 or contact us online for a confidential consultation. Our dedicated attorney is here to support you through this difficult process.
To ensure your convenience, we offer different options for our initial information-gathering session. You can choose to meet us in person at our boutique law office in Rockville, Maryland, or you can opt for a video conference via Zoom or a phone call. Our scheduling is flexible — including evening and weekend appointments — to suit your specific requirements. We aim to accommodate your schedule as we assist you.
Why Choose the Law Offices of Ellen L. Lee, LLC
Ellen L. Lee has devoted over 35 years of unwavering commitment to aiding individuals and families in Montgomery County, Maryland with their family law needs. Grounded in counseling and psychology, she provides personalized guidance and assistance to her clients in an inviting atmosphere — prioritizing effective communication while forging new beginnings amidst family law disputes.
- Tenacious & Compassionate Legal Support
- Trusted Guidance that Exceeds Expectations
- Full Range of Family Law Services
- Flexible Consultation Times: Nights and Weekends are Available
- Over 35 Years of Experience Practicing Family Law in Montgomery County, Maryland
Our Founding Attorney conveniently meets with clients via phone, video conference, or in person at our office in Rockville, Maryland.
Questions or Schedule An Appointment? Click to Call (301) 279-0692
Questions or Schedule An Appointment? Click to Call (301) 279-0692
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Our FAQ
Will I Lose Everything to My Spouse?
No, you will not lose everything to your spouse. In determining division of property, the courts look at numerous factors, such as the earning power of each spouse, the length of the marriage, and the assets each spouse brought into the marriage. Maryland courts try to issue divorce decrees that are fair. Our attorney is skilled at effectively preparing and presenting the evidence to seek your fair share.
What If My Spouse Is Hiding Money, Income or Assets?
We will work to uncover hidden money, income or assets using all means legally available, including sending subpoenas to employers, businesses, banks and close friends or relatives of a spouse. When appropriate, we will work with forensic accountants, private investigators and other professionals to help trace and locate the hidden assets.
Do I Have to Pay All of the Attorney’s Fees Myself?
Under limited circumstances, courts permit fee-shifting in Maryland. In fee-shifting, the court will “shift” the payment of legal fees from one spouse to the other. This sometimes happens when one spouse is better able than the other spouse to afford the legal fees. For example, if you stayed home while your spouse pursued his or her career for the past 20 years, a court may order your spouse to pay some or all of your divorce attorney’s fees. We are sensitive to the financial disparities faced by many women in divorce and custody cases. For this reason, we work hard to maintain reasonable legal fees while providing the highest quality of legal representation.
How Much Will My Divorce Cost?
We take pride in the quality of our work and in our ability to keep our fees reasonable and competitive in the D.C. metro area. The cost of divorce is determined by the extent to which one or both parties choose to litigate, rather than negotiate. At the Law Offices of Ellen L. Lee, we do not operate a “volume” practice in which you are just another file. We provide experienced and aggressive representation, focusing on the individual needs of each client. As a result, we will be neither your least nor your most expensive option for a Maryland divorce attorney.
How Long Will My Divorce Take?
The time frame for a divorce in Maryland can be difficult to predict. You should be cautious of any attorney who promises to complete a divorce in a certain period of time. Many factors affect the length of a divorce, such as:
- The degree to which you and your spouse agree on issues
- The cooperation between you and your spouse
- The court schedule in a particular county
In those rare cases when both spouses agree on every issue, a divorce can be completed in a few weeks. When the parties disagree on important issues such as custody, support or division of property, a divorce can take a year or more. If fraud or concealment of assets is involved, a divorce can take several years.
What Is the Effect of My Divorce on My Estate Plan?
The impact will vary widely depending on the type of estate plan you have. We encourage all of our clients to address this issue during or immediately following their divorce.
Will an Extramarital Affair Have an Impact on My Divorce?
The facts of the case will determine the extent to which an extramarital affair will affect the distribution of property. It is relevant, for example, whether marital assets were squandered on the affair. An affair also can affect the court’s decisions about child custody. When an affair is involved, we work diligently with our clients to make sure the child custody arrangements protect the child’s physical and psychological well-being.
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