Columbia, MD Military Divorce Attorney

Skilled Divorce Lawyer for Military Families in Columbia, Maryland

Getting a divorce is difficult enough on its own, but a military divorce comes with extra complications. Whether you are married to a member of the armed forces or a military member yourself, you should know your rights while you navigate the process of ending your marriage. A Columbia, Maryland military divorce lawyer can stand up for your best interests, supporting you with legal advice and strong representation.

At DM Family Law, our attorney has over two decades of experience handling intense family law cases. Throughout your case, we will help you navigate the unique legal concerns specific to military divorces, pursuing the best possible outcome for you.

Can I File for a Military Divorce in Maryland?

Figuring out the jurisdiction for your military divorce may seem complicated, especially if one spouse has been deployed across the country. In Maryland, you can file for military divorce as long as one spouse lives in the state or if the military member is stationed in the state.

Regardless of your military status, there are only three recognized grounds for divorce in Maryland, as follows:

1. Mutual consent through a settlement agreement
2. Irreconcilable differences that have damaged the marriage beyond repair
3. A separation of six months where both spouses live "separate and apart" from each other

There are no fault-based grounds for divorce in Maryland, so you do not have to prove that your spouse was responsible for the collapse of the marriage. At DM Family Law, we can explore your options to file for divorce, keeping your unique situation in mind.

SCRA Protections in Military Divorces

The Servicemembers Civil Relief Act, or SCRA, extends various protections to military members in legal issues, including divorces. If you are on active duty, you can request a stay on the divorce proceedings for up to 90 days. The intent behind this is to ensure that military members are not unfairly penalized due to being unable to appear in court while they are serving the country away from home.

The stay can also be extended at the court's discretion. At DM Family Law, we can help you request a stay from divorce proceedings until you can properly respond to them.

How Does Military Service Impact Child Custody in Maryland?

If you or your spouse is in the military, it could affect how child custody is handled. For instance, when deciding what is in the child's best interests, the courts can consider who has acted as the child's primary care giver and the child's relationship with both parents.

Though a parent may be pulled away from home during deployment, they still have a right to be treated fairly in custody proceedings. At DM Family Law, we can advocate for a parenting arrangement that respects your military duties. We can help you petition for a temporary modification of custody that accommodates your deployment, such as allowing for regular phone calls with your child or setting aside time for visitation while on leave.

Are Military Benefits Considered Marital Assets?

If you earned a military pension during your marriage, it may be subject to division under Maryland's equitable distribution laws. Spouses of military members may be eligible for direct payment through the Defense Finance and Accounting Service if they were married to the military servicemember for at least 10 years, and in that time, the military servicemember must have served for 10 years.

Contact a Columbia Military Divorce Lawyer Today

At DM Family Law, we represent both civilians and members of the military in complex divorce proceedings, providing honest counsel and strong representation. To schedule a free consultation with our Columbia military divorce lawyer, call our offices at 443-545-8100 or contact our Columbia military divorce lawyer.