Claudette-Jean Girard, Attorney at Law
Local 413-315-5518
Toll Free 877-622-6089

Family Law Attorney

I provide experienced legal guidance in family law, divorce and special education law. I represent parents and families throughout western Massachusetts.

View our practice areas

Special issues may affect military divorces

Any divorce in Massachusetts can raise important and complicated family law questions, even when the couple is of relatively modest means. Because they are already in a unique situation given their careers, military members and their families have some additional issues that they will want to be aware of in the event of a divorce.

On the procedural level, for instance, there may be some questions about which state's courts can hear a divorce case involving a servicemember. Military families may have a number of options in this respect, in part because they have to crisscross state lines frequently in connection with their jobs. Aside from convenience, which state's courts hear the divorce can affect how property, including pensions, get divided.

Also, it is important to remember that someone who is on active duty has a right under federal law to get a stay, which is like a time out in a sporting event, for at least 90 days. During these 90 days, a divorce case generally cannot go forward. The intent is to give the military member time to prepare for and participate fully in the legal proceeding.

With respect to more substantive issues, the military generally stays out of protecting a soldier's property, including his or her pension and other cash benefits, from property division. In other words, thrift savings plans, pensions and the like could potentially be divided as marital property.

Especially with pensions, however, there are some nuances that may be best discussed with an attorney experienced with the unique aspects of military divorce. For instance, the military may only be willing to do a direct withholding from a pension in certain circumstances, so a decree may need to order a servicemember to pay part of the pension directly to his or her spouse.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Questions?

Contact Us! This Firm Accepts Credit Cards

Office Location

Claudette-Jean Girard, Attorney at Law
1380 Main Street, Suite 302
Springfield, MA 01103

Toll Free: 877-622-6089
Phone: 413-315-5518
Springfield Law Office Map

Contact our firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy