Family Law Is All We Do
Military Divorce in Michigan
Military divorces have certain challenges that do not exist in divorces in which there is no service member (or former service member) involved.
- The provision of the Servicemember's Civil Relief Act that is most often used in military divorces, is the ability to stay (put on hold) legal proceedings when military orders prevent a service member's ability to participate in a case.
- Our office has represented active duty military members, retired military members, active duty military members' spouses (and former spouses),and retired military members' spouses (and former spouses) in all areas of Michigan Family Law.
- Many questions are asked of our office that specifically relate to family law in Michigan and how military service can impact family law issues. The most frequent of these questions are answered below.
What state has jurisdiction over a military divorce?
Although it may be possible to file for divorce in the place where one is currently stationed, a service member can keep residency in his or her home state (the state that he or she resided in prior to going active duty).
- For the purpose of filing divorce in Michigan, residency for a service member is established by
- keeping a Michigan driver's license,
- having your LES indicate Michigan,
- voting in Michigan,
- owning property in Michigan,
- paying taxes in Michigan,
- Your choice of residency can have a significant effect on your case.
- Although you may have been stationed in Virgina for the last year, you may wish to file for divorce in Michigan to avoid the lengthy waiting period for a divorce required in Virginia.
- In order to make that decision, you will need to consult with an experienced Military divorce attorney in both Michigan and your current location to see what is best for you.
However, even if you have residency for the purpose of filing Divorce in Michigan, it is possible that Michigan may not have jurisdiction over the minor children in order to address issues of custody, parenting time or child support.
- Jurisdiction over minor children will be determined by the UNIFORM CHILD CUSTODY AND JURISDICTION ENFORCEMENT ACT (UCCJEA). (SEE OUR UCCJEA PAGE).
- Our office has handled bifurcated divorce cases for service members where the divorce is handled in Michigan (due to the service members not wishing to wait the lengthy waiting periods in the states they were stationed), but the custody, parenting time and support are handled in the children's home state.
How does being a service member affect child custody and parenting time?
Due to service members are not in control of where their orders will take them, they can be required to move at any time.
- The service member's spouse may chose not to move with them, or may choose to move to another location.
- If you are reassigned to a base in another state and wish to bring your children, it impacts the other parent's custody and visitation rights. You may be required to seek permission from the courts.
- Also, when service members are deployed, they are generally unable to spend any parenting time with their children.
- This can affect your right to parenting time in the long-term when they return.
- If you do not get a specific temporary custody order before you are deployed, you may put your child custody and parenting time rights at risk.
- Proper planning can protect your rights to child custody and parenting time.
How are child support and spousal support difference when a military member is involved
- housing allowances,
- salary enhancements,
- COLA and
- special pay.
Don't we have to be married 10 years before my spouse share in my military retirement?
Generally, members of the armed forces must serve for at least 20 years to gain military retired pay.
Both state and federal laws control how a military pension is to be divided.
The Defense Finance and Accounting Service will only divide and pay a portion of the benefits directly to the civilian spouse if you have been married for at least 10 years during this 20 year period.
However, Michigan courts can order a military spouse to pay the other spouse a portion of their military pension each month, even if you haven't been married 10 years, and even if it is not paid directly by the Defense finance and Accounting Service.
So, the answer is No. Even if you have been married for less than 10 years, your spouse can be awarded a portion of your military pension.
Why should a service member hire an attorney?
Often our office is contacted by JAG lawyers and commanding officers for service members for information about Michigan family laws.
- Although Judge Advocate General's Corps (JAG) lawyers can help a service member by providing general information about divorce, JAG generally does not provide state specific information, nor does JAG represent service members in their divorce case.
Attorney Ellen Paynter is experienced in representing service members in our armed forces and their families.
- Our office has represented military members and their spouses stationed throughout the United States, Europe, Asia and the Middle East.
- If you are stationed or living with your military spouse outside of the state of Michigan, our office can consult with you by phone, by Skype or by email, accommodating the time difference for your location.
- Once you retain our office to represent you in your matter, our office will keep you informed about your case by email and will scan and email you all correspondence and pleadings.
Attorney Ellen Paynter has more than fifteen years of experience in divorce and family law representing both service members and their spouses.