Franklin Military Divorce Lawyer

If you or your spouse are in the military and facing divorce in Franklin, TN, navigating the legal landscape can feel overwhelming. At Julia E. Stovall Attorney At Law, I am committed to making this process as smooth and stress-free as possible. With over 30 years of experience serving Williamson County, I’ll help you understand the unique challenges and options available in military divorces. Military life brings unique standards and expectations, often complicating personal matters like divorce. That's why having a local advocate who understands the intricacies of military law is crucial. Our firm prides itself on offering not only legal advice but also comprehensive support that aligns with both civil and military expectations.

Understanding Military Divorce: Unique Considerations

Military divorces are more complex than standard divorces due to numerous federal regulations and specific state laws. Key considerations include the division of military pensions, child custody arrangements, and compliance with the Servicemembers Civil Relief Act (SCRA) which may affect proceedings. It’s crucial to have a knowledgeable advocate by your side who’s well-versed in these aspects to ensure a fair resolution. SCRA is specifically designed to protect military personnel from being unfairly penalized for their service obligations during legal procedures like divorce. This act provides temporary relief and ensures that service members can meet their civil and military responsibilities without jeopardizing their legal rights.

Frequently Asked Questions

How Does Military Divorce Differ from a Civilian Divorce?

Military divorces involve additional elements like the Uniformed Services Former Spouses' Protection Act (USFSPA), affecting the division of pensions, healthcare benefits, and more. Additionally, SCRA provides service members some protections, such as the ability to delay proceedings during active duty, ensuring they’re not disadvantaged by their service commitments. It is important to understand that the USFSPA allows states to treat military retirement pay as marital property, providing a fair division that acknowledges both spouses' contributions over the course of the marriage. With a knowledgeable attorney navigating your case, the incorporation of acts like the SCRA and USFSPA ensures that both parties receive a fair and lawful outcome.

What Are My Rights to Military Benefits After Divorce?

Post-divorce, your entitlement to military benefits like commissary, exchange, and health benefits can vary. Generally, you need to meet the 20/20/20 rule (20 years of marriage, service, and overlap) to retain full benefits. Winning the right strategy for these benefits requires specialized legal knowledge of military regulations. If you do not meet the 20/20/20 rule, all isn't lost. There are still potential entitlements to transitional benefits or other compensations depending on the length of the marriage and the unique aspects of your case. Engaging with a seasoned military divorce attorney can ensure that all possible avenues for benefit retention are explored.

How Is Child Custody Determined in Military Divorce?

Child custody in military divorces is determined by Tennessee state laws, emphasizing the child's best interests. Deployments and relocations can complicate custody arrangements, necessitating a thorough parenting plan. Courts will examine factors such as each parent's role and their ability to meet the child’s needs despite military duties. Special accommodations can be requested to factor in military service demands. This includes provisions to handle deployment and relocation, ensuring that custody arrangements remain flexible and sustainable no matter the circumstances.

Can I Modify Child Support During Deployment?

Child support modifications during deployment are possible. Changes in income due to deployment assignments or statuses necessitate revisiting support agreements. I can assist you in filing a petition for modification, ensuring fair adjustments that reflect your current financial and familial circumstances. Addressing income modifications promptly ensures that any compensation reflects service commitment levels, securing financial responsibilities even while serving globally. Proper documentation and legal advice can help streamline the process, ensuring minimal disruption to both parties involved.

Do You Offer Alternatives to Courtroom Litigation?

Yes, as a certified Rule 31 Mediator, I provide mediation services as an alternative to court proceedings. This approach allows for a cooperative resolution process, saving time and reducing conflict, while achieving equitably agreed terms among divorcing parties, better preserving relationships, and future co-parenting efforts. Mediation can also be more accommodating, allowing both parties to discuss the division of property, custody, and support openly and with guidance, effectively avoiding the adversarial nature of traditional court proceedings.

Take the Next Step: Secure Your Future

Facing a military divorce can be daunting, but with the right legal support, you can navigate this challenging period with confidence. At Julia E. Stovall Attorney At Law, I prioritize your interests and well-being, providing 24/7 accessibility and flexible appointments, including weekend options. This ensures that I’m here when you need me, offering strategic counsel tailored to your situation. Let me provide clear, compassionate guidance to help relieve the stress and clarify next steps in your journey. 

Call me at (615) 239-1374 today to schedule a consultation and move forward towards a resolution with me as your Franklin military divorce attorney.