Indianapolis Military Divorce Attorney
In most respects, divorce cases that involve members of the military will proceed in the same manner as a civilian divorce. However, there are some unique aspects of these divorces. Because of the particular circumstances surrounding active duty members of the military, both state and federal laws apply to a military divorce.
Indianapolis family law attorney Angela Trapp understands the sensitive nature of military divorces and she is committed to protecting your best interests. Trapp Law, LLC, strives to deliver high quality, affordable legal services, beginning with a free and confidential initial consultation. We can help you understand the military divorce process from the outset and help you lay the groundwork for an outcome that is satisfactory to both parties.
Filing for Divorce
The grounds for a military divorce are the same as any other divorce, but the rules and guidelines are slightly different. If you want to file for a military divorce in Indiana, you must meet the following residency requirements:
- You or your spouse must have lived in, or been stationed in, the state for at least six months.
- You or your spouse must have lived in the county where the divorce petition will be filed for at least three months.
If you meet the residency requirements, you can move forward to the next step.
Serving a Summons
The demands of active military duty, particularly deployment to combat zones, can require the total attention of service members. It can also take them far from home or even out of the country.
Consequently, a summons and a copy of the divorce papers must be personally given to the military spouse. This prevents the possibility that a member of the military could be divorced by default because they had never become aware that a petition had been filed, and thus did not respond.
In addition, a member of the military can request the postponement of divorce proceedings for the entire time period that they are on active duty and up to 60 days after that time.
Property Division and Benefits
The non-military spouse may be able to continue to receive benefits such as healthcare following the divorce. This is only possible if the following apply to the marriage:
- The service member must have 20 years of service.
- The marriage has lasted at least 20 years.
- There is a period of 20 years during which the service and marriage overlap.
If you meet these requirements, your attorney can provide more details about the continuing benefits you can expect.
Federal law determines rights to military retirement benefits. A non-military spouse will not be eligible to any portion of retirement benefits unless the marriage has lasted ten years or longer while their spouse has been on active duty.
Child and spousal maintenance are determined on the basis of the guidelines in Indiana state law. This support cannot exceed 60 percent of the military spouse’s combined pay and allowances.
At Trapp Law, LLC, we know what is at stake in military divorce cases and will take every possible measure to avoid a contentious future with your ex-spouse. Angela Trapp has helped many clients with military divorces. We serve clients in Indianapolis, Greenfield, Carmel and beyond. Contact us for a no-cost consultation that can help you understand the military divorce process and the best road forward to ensure that your rights are protected.