Pennsylvania Military Divorce Lawyers

About Military Divorce Law in PA

We have helped more than 40,000 clients obtain both civilian and military no-fault divorces in Pennsylvania and understand the unusual laws surrounding military divorces. If you and your spouse decide to pursue an uncontested divorce, we can provide you with sound legal counsel and save you time and money with The Cairns Method of Obtaining an Internet-Based Divorce℠.

If you are in the military and looking for good representation for your divorce, don't hesitate to contact the military divorce lawyers at Cairns Law Offices online or call (888) 863-9115 today to discuss your case!

Filing for Military Uncontested Divorce

If you and your spouse are seeking a no-fault, uncontested divorce in PA, and one or both of you are active members of the United States Marines, Army, Navy, Air Force, or Coast Guard, a military divorce attorney from the Cairns Law Offices can provide you with experienced legal guidance. At our firm, our divorce lawyers for military spouses understand that there can be unique circumstances involved in military divorces, especially when one spouse is stationed overseas or across the nation.

A spouse who is participating in active duty must be served the divorce papers, which protects the spouse from being divorced without any knowledge or say. There are also laws that govern how a military member's retirement benefits must be calculated, as well as restrictions placed upon the amount of alimony or child support payments that can be ordered.

Filing for Military Divorce in Pennsylvania

Filing for divorce in the military can be a complex and confusing process, especially when it comes to navigating the unique laws and regulations that apply to service members and their spouses. At Cairns Law Offices, our experienced Pennsylvania military divorce lawyers have helped countless military families successfully navigate the divorce process.

When filing for military divorce in Pennsylvania, it's important to consider:

• The residency requirements for filing for divorce
• The impact of military service on child custody and support arrangements
• The division of military pensions and benefits
• The potential impact of deployment and relocation on the divorce process

Our team can guide you through each step of the process, ensuring that your rights are protected and that your interests are represented. Contact us today to learn more about how we can help you with your military divorce case.

Do You Need a Lawyer to File for Divorce in the Military?

Hiring an attorney for your military divorce can be a delicate task. Most family law firms do not have the extensive experience needed to interpret military law. Also, most men and women in uniform do not have the legal expertise to file solo.

At Cairns Law Offices, our PA military divorce attorneys have helped military couples achieve successful divorces. We encourage anyone to schedule a consultation so that their questions or concerns are addressed.

How Long Does a Military Divorce Take?

Our unique approach to divorce means that you and your spouse are able to avoid unnecessary fees and the hassle of traveling to courthouses and law offices.

Unlike conventional law firms, we typically process your paperwork in a matter of days, not weeks, to help you achieve divorce faster. We believe that you should never be confused about the divorce process, which is why we reply to calls and emails within a day.

Our divorce lawyers for military spouses are committed to simplifying the divorce process and helping our clients achieve a fresh start as soon as possible. We use technology to make your divorce more efficient, and you will receive regular updates on your case. Military divorces differ, but that does not mean your divorce has to cost more or be more stressful. We offer settlement agreement preparation and free legal consultations by phone any day of the week, including evenings.

What are the Benefits for Divorced Military Spouses in PA?

Civilians are entitled to some military benefits following their divorce from a servicemember. Other perks, however, may only be shared if the relationship meets certain criteria. The rest of the military privileges are reserved solely for servicemembers and cannot be redistributed.

To learn more about the benefits you can receive following a military divorce, reach out to our PA military divorce lawyers today.

What Benefits Can a Military Spouse Keep?

There are some benefits that a servicemember’s partner is entitled to regardless of the length of the relationship.

Military spouses will receive:

• A share of the servicemember’s defined benefit pension
• A share of the servicemember’s Thrift Savings Plan
• Family support, or a monthly living stipend, until the court makes a decision on child support and alimony

While not entitled to it per se, civilian spouses may also retain access to the Post-9/11 GI Bill benefit. It is not considered a divisible asset – in fact, federal law prohibits state courts from dividing the program in a divorce. Still, one may maintain their status as a beneficiary of the financial assistance for education, but only if the servicemember agrees.

What Benefits Are Reserved for Couples Who Meet the 20/20/20 Rule?

The 20/20/20 rule states that, in order to qualify for certain benefits in a military divorce, the duration of military service, the length of the marriage, and the overlap of those two periods, must be at least 20 years.

So, for example, a relationship in which a servicemember started their career in 1990, married a civilian in 2000, and sought a divorce in 2020 could qualify – but only if the servicemember was still working for the military in 2020. If the military member left their career in 2010, the civilian would no longer qualify for these exclusive benefits. This is because, despite the marriage and the length of service totaling 20 years each, the overlap period would only be 10 years.

If a spouse satisfies the 20/20/20 requirement, they will have:

• Access to the military exchange
• Commissary privileges
• Installation privileges
• Their own military ID
• TRICARE, so long as the civilian spouse did not remarry or enroll in an employee health plan

A spouse may be granted partial entitlement of benefits under the nearly identical 20/20/15 rule. This alternative states that when a couple meets the marriage and service length requirements, but only has an overlap period of 15 years, the civilian partner can receive up to one year of TRICARE coverage. However, this non-servicemember will not be eligible for a military ID and related privileges without the extra five years of overlap.

What Military Benefits Cannot Be Shared With a Civilian Spouse?

Some military perks are the servicemember’s alone, and cannot be divided through a divorce.

Military spouses cannot receive any of the following:

• Combat-Related Special Compensation (CRSC)
• Installation housing
• Military medical benefits (unless the civilian meets the statutory requirements to receive TRICARE on their own through 20/20/20 or 20/20/15 guidelines, or opts to purchase a temporary continuation of coverage through CHCB)
• Most military disability retirement pay
• VA disability compensation

VA disability compensation, CRSC, and disability pay are deducted from the servicemember’s pension. So, if a servicemember receives any of these benefits, the spouse will receive less from the pension, as there will simply be less money left to redistribute.

Protecting Your Rights in a Military Divorce

Divorce can be a complex and emotionally challenging process, especially when one or both spouses are in the military. It is essential to work with experienced Pennsylvania Military Divorce Lawyers who understand the unique legal issues that may arise in a military divorce.

At Cairns Law Offices, we are dedicated to protecting the rights and interests of our clients throughout the military divorce process. Our team has a deep understanding of military divorce law in PA and can provide you with the guidance and advocacy you need to navigate this difficult time.

Some key ways we can help you in a military divorce include:

• Ensuring compliance with federal and state laws governing military divorces
• Protecting your rights to military benefits, including healthcare and retirement benefits
• Negotiating fair and equitable division of assets and liabilities
• Advocating for child custody and support arrangements that are in the best interests of your children

Don't navigate the complexities of a military divorce alone. Contact Cairns Law Offices today to schedule a consultation with our experienced Pennsylvania Military Divorce Lawyers.