Military Divorce in Missouri: Understanding Unique Legal Issues

Military Divorce in Missouri: Understanding Unique Legal Issues
  • September 13, 2024
  • Kelvin Birk
  • Divorce

Divorce is never easy, and when one or both of the parties are in the military, it becomes a little bit more complex, subject to Missouri and federal law. Understanding the law, its impact, and the unique legal issues in Missouri military divorces is crucial to protecting your rights.

In this blog, we cover the unique issues you need to know, from jurisdictional challenges and pensions to child custody and spousal support. We will also share resources for military spouses and how a lawyer can help you. If you’re facing a military divorce and are unsure of what to do, contact our divorce lawyers at Birk Law Firm. Call us at 573-332-8585 to schedule a free consultation and take steps toward resolving your legal issues.

Why choose our Cape Girardeau divorce attorneys?

At Birk Law Firm, we have specialized knowledge of the legal issues in military divorces. Also, we understand the applicable Missouri and federal laws and how they impact your case. We will protect your rights from the beginning to the end of the divorce proceedings with the highest level of competence and dedication.

We approach cases based on the client’s needs and provide strategies to help them meet their goals. Our successful track record shows that we get favorable results for our clients by providing ethical and practical legal services. We will provide compassionate support while aggressively representing you, so contact us if you need a law firm that will significantly impact your case.

At the Birk Law Firm, we combine experience, legal knowledge, comprehensive support, and personalized attention to ensure we handle your case with the utmost care and professionalism. Your case is our priority.

Understanding the unique legal issues in Missouri military divorces

Unlike civilian divorces, military divorces in Missouri have unique legal issues because of the laws and protections that apply to military personnel. Here is what you need to know.

Jurisdiction

Under Missouri law, one spouse must have been a resident or stationed in the state for at least 90 days before filing for divorce. However, parties can file for military divorce where they reside or maintain a legal residence.

Service of process and stay of proceedings

The Servicemembers Civil Relief Act (SCRA) protects active-duty military members by establishing protocols for proper service of process if their spouse files for divorce. They can also apply for a stay of proceedings if their duty prevents them from responding or hinders their ability to participate.

Division of military benefits

Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), Missouri courts can treat military retirement pay as marital property subject to division. Also, military divorces in Missouri must follow the “10/10” rule. It states that if the marriage lasted ten years, with ten years of overlapping service, the Defense Finance and Accounting Service (DFAS) will pay the former spouse their share of the retirement benefit.

Also, under the Survivor Benefit Plan, a former spouse can receive ongoing benefits if a service member dies. However, the former spouse must be designated as the beneficiary.

Child support, spousal support, custody and visitation

Military allowances, such as the Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS), are considered income when calculating child and spousal support. However, in Missouri, state guidelines determine the amount.

If the couple has children, the parenting plan for custody and visitation must accommodate the possibility of deployment. Missouri law also requires that the parties consider the service member’s schedule and allow temporary modification during deployment. The SCRA can delay court proceedings if the service member’s duties prevent them from participating and protecting their custodial rights.

The military enforces child custody payments, and those who don’t comply face severe consequences. 

Healthcare benefits

A non-military spouse could retain TRICARE health coverage if the marriage lasted at least 20 years with 20 years of overlapping service. This is known as the 20/20/20 rule. If the marriage lasted only 15 years, the non-military spouse can receive TRICARE for only one year post-divorce. This is known as the 20/20/15 rule.

Other legal issues

If the divorcing parties lived in military housing, the non-military spouse would vacate the property upon finalizing the divorce. Also, if both parties had a Thrift Saving Plan (TSP), it would be divided between them as part of the settlement.

Finally, there are several resources for military spouses in Missouri, from legal assistance to financial assistance from the Consumer Financial Protection Bureau (CFPB). You can also use the Military and Family Life Counseling (MFLC) Program, TRICARE Mental Health Services, and Missouri Child Support Services.

How a lawyer can help with a military divorce

As mentioned, military divorces involve complex legal issues. These proceedings require specialized knowledge and experience, which our lawyers can provide. Here’s what we’ll do for you when you retain our services:

  • Explain your legal rights and protection and guide you on the appropriate jurisdiction for filing your case.
  • Divide your assets, ensuring you receive your entitled share according to the rules.
  • Develop a custody arrangement that considers the unique challenges of military life and creates parenting plans that are flexible, enforceable, and considerate of the service member’s schedules.
  • Advise you on your TRICARE eligibility and help you navigate the process to alternative healthcare coverage if you are no longer eligible.
  • Handle negotiation and mediation, representing your interests to ensure a fair settlement of assets.
  • Provide experienced representation in court if we don’t settle with the other party.

Are you divorcing a military spouse? Contact us now!

Our team at Birk Law Firm is familiar with state and military court systems and will provide you with a strategic advantage. We understand the emotional impact of divorce and will support you, helping you navigate this difficult time. We will also connect you with the resources needed to move on with your life after the divorce.

We will be with you every step of the way, encouraging you and fighting for your best interests. Call us at 573-332-8585 to schedule a free consultation.

Attorney Kelvin Birk

Attorney Kelvin Birk

Kelvin Birk is a lawyer as well as a certified public accountant, with more than 30 years of experience in accounting and tax and business consulting, and more than 20 years of experience in numerous legal matters. This combined expertise allows our law firm to provide a level of service above that of other firms. Whatever your legal situation, your attorney at Birk Law Firm can counsel you as to the tax implications. We have experience in providing myriad legal representation services to residents of southeast Missouri and other areas.. [ Attorney Bio ]