Military Divorce – Douglass & Runger, Attorneys at Law

by | Apr 11, 2022 | Uncategorized

Memphis Military Divorce Attorney

Family Lawyers Helping Service Members Facing Divorce in

Tennessee

The men and women of the United States armed forces put themselves in harm’s way on a daily basis in the service of freedom and to protect our way of life, and they do it voluntarily. As many people have learned, serving in the U.S. military can put a great deal of strain on your marriage and family life. While some couples are able to navigate their issues and remain married, others often choose to divorce.

At the offices of Douglass & Runger, Attorneys at Law, our team recognizes that the process of divorce can be complicated and stressful for service members and their spouses. Any divorce is likely to be difficult, but there are unique laws and other concerns that apply when a member of the military gets divorced, and our compassionate, knowledgeable team is ready to assist you and your loved ones through the process.

Tennessee Lawyers Serving Those Who Serve

If you or your spouse serves in the Army, Navy, Marine Corps, Air Force, Coast Guard, or Space Force, you are undoubtedly aware of how much time a service member is required to spend away from home. Military members may be deployed overseas, assigned to a ship on patrol in a distant ocean, or given other duties that take them across the globe for many months. As a result, divorce considerations such as residency requirements, filing deadlines, and services of process much more complicated than they typically are in a “standard” civilian divorce. To address some of these issues, the Soldiers and Sailors Civil Relief Act of 1940 offers a measure of protection for military members throughout the divorce process. However, it is crucial to work with an attorney with military divorce experience so that you can be sure that the Soldiers and Sailors Act’s protections are enforced properly.

Certain federal laws also apply to specific elements of asset distribution in a divorce involving a military member. The Uniform Services Former Spouses Protection Act, for example, specifies whether and when the military member’s service pension can be considered marital property in a divorce. There are other provisions that may apply, as well, to facilitate the equitable distribution of marital property.

Military Divorce and Children

When deciding on child custody issues, including who the “primary residential parent” will be and which parent will have visitation rights, courts in Tennessee are guided by the “best interests of the child.” This means that the court must determine what is best for the child’s physical, mental, and emotional well-being based on the totality of the circumstances involved. As a result, such proceedings can be extremely difficult for a military member—especially if he or she is still on active duty. The service member’s likelihood of being deployed must be taken into account, which means that the service member might have his or her parenting time limited by the court’s rulings.

The attorneys at our firm are wholly dedicated to assisting military parents in protecting their rights and in fostering healthy, loving, and meaningful relationships with their children. With our experience and knowledge of the law, we are prepared to address and overcome any complications that may arise in your case.

Call (901) 388-5805 to Get Started

For more information about our firm and how we can help you meet your estate planning goals, contact our office. Call (901) 388-5805 to schedule a confidential consultation with a member of our team today. We look forward to serving you and your family.