Dedicated Clarksville Military Divorce Attorneys Advocate For Your Rights
More Than 60 Years’ Legal Experience Effectively Resolving Divorce Difficulties
Military life stresses marriage in ways not experienced by civilians. At Bateman & Bateman, P.C., we understand the pressures experienced by military men and women and their families. Maintaining communications during lengthy separations and deployments is daunting. Frequent moves and long work hours can force couples to grow apart. When one or both spouses are in the military, divorce can be particularly complicated. Our dedicated attorneys strive to make the divorce process as smooth as possible so you can move ahead with your new single life.
Tennessee Military Divorces
Military couples who are divorcing must comply with military regulations and the divorce laws of the state where they reside. However, the mobility of military life makes establishing jurisdiction difficult. A military couple may be from one state, marry in a second, live in a third and own property in a fourth.
To divorce in Tennessee, you or your spouse must reside in and be stationed here. If a spouse is on active duty, he or she must be personally served with a summons and a copy of the divorce action. Should the active spouse agree to an uncontested divorce, he or she can waive his or her right to be served personally by signing and filing a waiver affidavit.
The Soldiers and Sailors Civil Relief Act protects active-duty military from being held in default for failing to respond to a divorce action. With the Tennessee court’s approval, divorce proceedings can be postponed while the active service member is on duty and for up to 60 days thereafter. However, if the spouse who has been served wants the divorce, he or she can waive his or her right to postpone divorce proceedings.
The grounds for a military divorce in Tennessee are the same as for a civilian divorce. If both spouses agree, they can file a no-fault divorce claiming “irreconcilable differences.” However, if both do not agree, one spouse must cite the other spouse for fault.
The calculation and division of military benefits through divorce is regulated by the Uniformed Services Former Spouses’ Protection Act. A spouse cannot receive any portion of a military member’s retirement pension until they have been married for at least 10 years while the member has been on active duty. Other property is divided in accordance with state laws.
In Tennessee, both child support and spousal support (alimony) awards may not be larger than 60 percent of a military member’s pay and allowances. The amount of support per child is determined by using Tennessee’s child support guidelines, worksheets and schedules as well as taking into account the military’s Basic Allowance for Housing, Basic Allowance for Subsistence and Variable Housing Allowances. The military can enforce the serving members’ payment of spousal support and child support. Determining child custody is particularly sensitive when one spouse is deployed away from the family. In Tennessee, decisions regarding children are based on what is in their best interests.
If you are in the military and are considering divorce, or your spouse is in the military, Bateman & Bateman, P.C., can help. We have served divorcing military couples for over 60 years.
Contact Our Clarksville Military Divorce Attorneys
At Bateman & Bateman, P.C., we use our in-depth understanding of military law, regulations and the concerns specific to military divorce to help military families save time, money and trouble in their divorce proceedings. For a consultation with our experienced Tennessee divorce attorneys, call us today at 931-647-5959 or 800-264-0041 (toll-free) or contact us online.