Des Moines Military Divorce Lawyer

Supporting Service Members Through Challenging Times

Divorce can be a highly emotional and complex process. When one or both spouses are in the military, the process is even more complicated. Special rules govern property division, support and custody, and jurisdictional issues may arise. It is in your best interests to consult with attorneys who understand the unique challenges facing military families and know how to navigate the military divorce process.

Located in West Des Moines, The Law Offices of Mark R. Hinshaw helps clients at Camp Dodge and other military bases throughout the state protect their financial interests and parental rights during divorce. We welcome clients from all across Greater Des Moines.

For a free case review, contact us at (515) 200-7571 today! Rely on The Law Offices of Mark R. Hinshaw to ensure your rights are protected during your military divorce.

Navigating a Military Divorce

In addition to Iowa law, the military has its own unique set of rules and procedures that govern divorce. At The Law Offices of Mark R. Hinshaw, we understand the nuances of both state and military laws. Our West Des Moines divorce lawyers navigate clients through the divorce process as efficiently as possible.

Legal issues unique to military couples include:

• Jurisdictional issues regarding where to file for divorce and modification requests
• Legal proceedings when one spouse or parent is stationed overseas or on active military duty
• Parental relocation due to military stationing requirements
• Dividing military benefits and pension plans
• Custody and visitation while stationed overseas
• Spousal support and child support calculations using military pay and benefits

Although the spouse is on active military duty, he or she must still be served with the summons and the divorce petitions with a court in Iowa. This is the only way that the courts in our state have the jurisdiction to bring forth the divorce action if your spouse is on active duty. In an uncontested divorce case, the spouse will only need to provide a waiver affidavit to consent to the divorce.

Uniformed Services Former Spouse Protection Act (USFSPA)

The Uniformed Services Former Spouse Protection Act (USFSPA) is a federal law designed to provide certain protections for former spouses of military service members regarding the division of military retirement benefits during divorce proceedings. Under the USFSPA, states are granted the authority to treat military retired pay as marital property, enabling courts to divide it between spouses as part of divorce settlements. This can be a crucial aspect for a spouse seeking financial security post-divorce.

To qualify for direct payment of retirement benefits, the marriage must have lasted at least 10 years overlapping with 10 years of military service. If this requirement is met, the former spouse may receive a portion of the service member's retirement directly from the Defense Finance and Accounting Service (DFAS). The USFSPA also outlines specific provisions regarding spousal support and how military benefits are calculated, ensuring that former spouses are not left without support after the marriage ends.

Moreover, the USFSPA influences domicile considerations, as military personnel often change their residence due to stationing requirements. When determining jurisdiction for divorce and property division, the domicile of the service member and their spouse becomes significant. Courts may look into where the couple has lived during the marriage and the service member’s current duty station to establish appropriate jurisdiction under the USFSPA. This law underscores the importance of understanding both federal and state laws to ensure fair treatment in the property division process during a military divorce.

Common Mistakes During a Military Divorce

Navigating a military divorce can come with a unique set of challenges, and many individuals make critical mistakes that can jeopardize their rights and interests. Here are some of the most common pitfalls to avoid:

• Failing to Understand Jurisdiction: Divorce proceedings can be complicated if one spouse is stationed in a different state or country. Many individuals mistakenly assume they can file for divorce in any state, not realizing that jurisdiction must be properly established based on residency and military status.
• Neglecting the Importance of Documentation: Some people fail to gather essential financial documents and military records, which can significantly affect the outcome of property division and support calculations. Proper documentation is critical in supporting claims for benefits, pensions, and spousal support.
• Overlooking the Uniformed Services Former Spouse Protection Act (USFSPA): Not fully understanding the implications of the USFSPA can lead to missed opportunities for securing a fair share of military retirement benefits. Couples sometimes do not realize the requirements and rights granted under this law.
• Rushing Through Mediation or Settlement: Individuals may feel pressured to finalize divorce terms quickly, especially if they are experiencing emotional distress. Rushing can result in settlements that are inequitable or do not account for future needs.
• Ignoring Tax Implications: Many people overlook the potential tax consequences that can arise from property division, especially concerning retirement benefits. Understanding the tax ramifications is essential to avoid unexpected liabilities.
• Not Consulting Legal Professionals: Some individuals attempt to navigate the complexities of military divorce without professional help, leading to costly mistakes. It’s vital to seek advice from attorneys who specialize in military divorce cases.

A seasoned Des Moines military divorce lawyer can guide individuals through the intricate legal landscape of military divorce, helping them avoid these common mistakes. By providing detailed insights into jurisdictional issues, documentation requirements, and the nuances of the USFSPA, a knowledgeable attorney can ensure that clients' rights are protected and that all pertinent factors are considered in the divorce process. They can assist in negotiating fair settlements, effectively representing clients in mediation, and providing strategic advice to safeguard financial interests, ultimately leading to a smoother, more informed divorce experience.

We Put Your Family’s Needs First

Military divorces are challenging by their very nature. Between determining what is fair and equitable for diving property and determining child support and spousal support, our West Des Moines military divorce attorney can guide you through this process. We possess nearly two decades of experience and a genuine, compassionate desire to help military families find their way.

Contact us at The Law Offices of Mark R. Hinshaw at (515) 200-7571 for a free case evaluation.