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Military Divorce

Understanding and respect for those who serve and those who support them

Any divorce is difficult, but when a husband or wife is on active military duty, there are special circumstances in place and special considerations that must be made. A divorce, separation or annulment often ends a civilian spouse’s access to certain military benefits, but may allow her or him to retain others. I have represented many service members and military spouses in their divorce proceedings.

I am familiar with the military lifestyle, as well as the federal and state laws applicable to military divorce. I represent clients who have a divorce or family law proceeding in North Dakota to guide them through the process and protect their rights. I understand how hard service members work to create a better future for their loved ones and how difficult it can be to contend family conflict. . If you or your spouse files for divorce or begins a parenting action , I will provide the legal support and guidance you need through mediation or litigation. I can advise you on issues including:

  • Spousal and child support obligations
  • Pension and retirement benefits
  • Health insurance for your children and former spouse under TRICARE
  • Your spouse’s access to base privileges and other benefits
  • Jurisdiction and procedure when you are deployed away from your marital home
  • Residency rules for you and your spouse
  • State-specific rules governing divorce, separation and annulment

In addition to providing counsel for the legal aspects of your divorce, I never forget the special pressures faced by military members. I take great pride in fulfilling my obligation to assist the men and women who have made sacrifices for us.

Being a military spouse can require you to move your family frequently, to be a single parent for long periods of time, and to miss out on important career and education opportunities. The federal government recognized the sacrifices of military spouses by enacting the Uniformed Services Former Spouses’ Protection Act.  North Dakota also has its own rules for how military benefits are divided during divorce.

When you and your spouse in the military separate, you are allowed to keep your base privileges and ID card at least until the divorce is final. The benefits available to you afterward will likely depend on the length of your marriage as well as the length of your spouse’s military service.  I represent and advise civilian spouses in regard to their rights to alimony, child support, healthcare, the division of marital property, retirement benefits and survivor benefits.

Contact Denise C. Hays-Johnson at Hays Johnson Law PC  for military divorce representation


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