How Military Divorce Is Different In Appleton
A military divorce can bring about some unique challenges. If one spouse may be deployed, for example, what does that mean for the child custody arrangements? Along with the typical complexities of a civilian divorce, a military divorce just adds another layer of legal steps and considerations to the process.
That’s why you need an Appleton lawyer who has a background in military divorce. I am attorney Stephen J. Fozard, and I am a former member of the United States Marine Corps. I served multiple combat tours in Iraq. Along with my legal background and experience, this helps me understand the complexities of a military divorce and the steps families need to take in this position. Call Fozard Law Office LLC for a consultation.
The Uniformed Services Former Spouses’ Protection Act (USFSPA)
One important detail to note is that the Uniformed Services Former Spouses’ Protection Act can have an impact on property division. Specifically, this helps to divide retirement benefits. A former spouse may be given a portion of those retirement benefits, and they can get a court order during the divorce to ensure that they receive the assets they deserve.
The Servicemembers Civil Relief Act (SCRA)
Another key act is the Servicemembers Civil Relief Act, which helps to define how the divorce process occurs. For instance, if someone wants to file for divorce while their spouse is actively deployed, the SCRA can apply a stay to the divorce proceedings. The case has to wait until the service member has returned home and has a chance to actively participate in the divorce process. Their spouse cannot simply divorce them without their involvement while they are overseas, unable to even respond to the paperwork effectively.
Dividing Assets And Child Custody
Both of these acts may be involved in doing things like splitting up military retirement benefits, health insurance benefits or military pension plans and retirement pay, along with child custody rights. It’s very important for military families to consider this along with traditional asset division issues, like determining what to do with personal savings or the family home.
Military couples may also need to have a unique custody arrangement. If one spouse may be deployed, the other spouse may have primary custody. But the military service member may still want to have visitation rights or even custody rights when they return home, allowing them to maintain a relationship with their child. This needs to be set up much differently than in civilian divorce cases.
Frequently Asked Questions About Military Divorces In Wisconsin
The answers below address the critical questions about the military divorce process.
Where should a military divorce be filed if one spouse is stationed elsewhere?
Where a divorce is filed can affect how the case moves forward. Wisconsin courts can handle a divorce if one spouse has lived in the state for at least six months and in the county for at least 30 days.
A service member stationed elsewhere may still qualify if Wisconsin remains their legal home. Filing in the wrong place can delay the case or limit what the court can decide. This is true especially when property, custody or support issues are involved.
How does divorce paperwork reach a service member who is deployed or overseas, and vice versa?
Serving divorce papers can be more complicated when one spouse is deployed or living outside the country. Wisconsin law still requires proper notice, even in these situations. Service may involve:
- International service rules or military regulations
- Coordination with foreign authorities in certain countries
- Extended timelines due to location and duty status
If papers are not served correctly, the case may not move forward at all.
What protections exist for service members during divorce proceedings?
Federal law recognizes that military service can limit a person’s ability to participate fully in a divorce case. Courts in Wisconsin must account for these protections when one spouse is on active duty. Key safeguards include:
- The right to request a delay if military duties prevent responding to court filings or appearing in hearings
- Limits on default judgments when a service member has not been properly notified or cannot participate
- Court review to confirm that military service is not being used unfairly against the service member
These protections are designed to balance legal fairness with the realities of active duty.
What happens to military benefits after a divorce is finalized?
In most cases, military benefits end after divorce. Former spouses usually lose access to base housing, housing allowances, commissary and exchange privileges and military health care.
Benefits continue only in limited situations under federal law:
- 20/20/20 rule: Full military benefits may continue if the marriage lasted at least 20 years, the service member completed 20 years of service and the marriage and service overlapped for 20 years.
- 20/20/15 rule: One year of medical coverage only may apply if the overlap between marriage and service was at least 15 years. No other benefits continue.
Even when benefits end, other assets such as retirement or investment accounts may still be divided under Wisconsin law.
Seeking Solutions
In many ways, you can see how a military divorce is more complex and there are more details to consider. I am an experienced attorney known for putting my clients and their children first and considering their best interests. I offer virtual appointment options and free initial consultations. Just use the online contact form or dial 920-880-1180 today.