Military Divorce

Delaware Military Divorce Lawyer

When a military family divorces, certain legal stipulations are in place to protect service members from losing sight of their responsibilities. If you’re currently deployed and in the process of divorcing your spouse, or are ending a common law partnership, Walstrom Law will work to ensure proper procedures are followed and your rights are protected. Our team at Walstrom Law can also help you legally and fairly begin divorce proceedings against a service member stationed overseas.

As home to the Dover Air Force base, which houses over 5000 families, military divorce in Delaware is not uncommon. However, relatively few law firms in the state have the resources to handle these special cases properly. This can lead to extended delays in getting a settlement or serious long-term financial consequences for either party.

Protecting Your Assets During a Divorce

Throughout a military divorce, the three most contentious issues are typically spousal support, division of assets and custody of children. In the case of an active service member, their job has implications in each of these discussions. For example, the reality of frequent deployments to different locations means that many military families consist of an active service member and a partner who chooses to sacrifice their own career ambitions. In this case, the stay-at-home spouse may be entitled to alimony or other forms of spousal support until they can find suitable employment on their own.

Life in a military family, like any other, involves making sacrifices and compromises. Both parties give up certain things to contribute to the success of their marriage or partnership. When that partnership ends, representation from a military divorce law firm can help ensure that these sacrifices are duly considered at all stages of the divorce proceedings.

What Is the SCRA?

Under the Service Members Civil Relief Act (SCRA), military personnel under active deployment are protected from having certain civil actions started against them if their duties will be interrupted by having to appear in court. This includes petitions for divorce, spousal support and child support. While a civilian spouse or partner can still file for any of these things, the service member can apply to have the hearing postponed for the duration of their service plus an additional 60 days — if they wish to contest the petition.

SCRA also sets out a number of provisions for documenting the military status of a spouse during divorce proceedings. While these are rarely complicated issues, they must be done properly and in accordance with the law to prevent problems down the road. For this reason, representation from an experienced military divorce lawyer is essential.

The Military Divorce Lawyer at Walstrom Law Can Help

If you’re a service member or the spouse of a service member, Walstrom Law can provide representation throughout the divorce process. Our Newark office is conveniently located just a short drive from Dover Air Force Base — contact us today to schedule your initial consultation.