Divorce is rarely easy, but for military families, the process involves additional legal layers that can complicate even the most straightforward cases. Service members and their spouses face unique challenges related to military benefits, retirement pay, jurisdictional rules, and deployments. If you’re considering divorce in Greenville, South Carolina, and either you or your spouse is serving in the military, it’s important to work with a military divorce attorney who understands both state and federal law.
At Sarah Henry Law, our attorneys guide clients through the military divorce process with clarity and experience. We understand how to navigate the complexities that affect active duty service members, veterans, and their families, and we are committed to protecting your rights every step of the way.
Understanding the Military Divorce Process
Military divorce differs from civilian divorce in several ways. While South Carolina law governs matters such as child custody, child support, and property division, federal laws like the Servicemembers Civil Relief Act and the Uniformed Services Former Spouse Protection Act also apply. These laws impact how divorce proceedings proceed, especially when one party is stationed overseas or on active duty.
Some of the challenges specific to military divorce include:
- Determining the appropriate jurisdiction for filing divorce paperwork
- Delays due to active duty status under the Civil Relief Act
- Dividing military retired pay and military benefits
- Enforcing custody or visitation orders across state or international lines
Our firm helps clients meet South Carolina’s residency requirement, file the appropriate paperwork, and proceed through the court system efficiently while considering the unique circumstances that apply to military families.
Military Benefits and Property Division
In a military divorce, property division often includes military benefits, such as pensions, health care access, and housing allowances. These benefits may be considered marital assets, subject to equitable distribution under South Carolina law. Division of military retired pay must be handled in accordance with federal guidelines, particularly when a marriage lasted at least 10 years while one spouse served.
Our attorneys assist clients with:
- Identifying and valuing military retired pay
- Understanding how the Former Spouse Protection Act may apply
- Ensuring fair asset division in high asset divorces involving military pensions
- Addressing marital property, retirement accounts, and marital debt
We also handle cases where the other party fails to disclose income or assets, including those related to deployments or military compensation.
Child Custody and Support for Military Families
For divorcing military parents, child custody presents unique legal and practical challenges. A parent may be deployed or stationed far from South Carolina, which impacts how custody and visitation are arranged. The court will consider the best interests of the children while also accommodating military obligations.
Sarah Henry Law helps military parents:
- Create parenting plans that account for deployments and relocations
- Request modifications when one party is reassigned or returns from active duty
- Secure legal custody or sole custody when appropriate
- Enforce child support orders based on military pay and benefits
Child support and custody arrangements must also align with South Carolina family court guidelines and reflect the earning potential and availability of each parent.
How the Civil Relief Act Affects Divorce Proceedings
The Servicemembers Civil Relief Act offers legal protections for active duty service members. Under this law, a court may delay divorce proceedings if a service member is unable to participate due to military service. These delays help ensure that both parties have a fair opportunity to present their case.
The law also provides protections against default judgments when a service member is absent from court due to active duty. Our attorneys are familiar with the application of this act and how it may affect both parties involved in the divorce.
Legal Services for Both Service Members and Spouses
Whether you’re a service member initiating a divorce or a spouse seeking your share of military benefits, our legal team is prepared to assist. We work with both military personnel and civilian spouses to ensure that all relevant factors are addressed, including military pay, asset division, and retirement accounts.
Our military divorce lawyers provide legal guidance in:
- Filing and serving divorce paperwork in accordance with federal and state rules
- Protecting military and non-military spouses’ rights during property division
- Pursuing or responding to requests for child custody, visitation, or support
- Clarifying service member’s consent when jurisdiction is contested
- Addressing the role of the Uniformed Services in benefit eligibility
Every divorce case is different, and military divorces often involve additional steps and protections. Our firm ensures all parties understand the legal process and what to expect as the case moves forward.
Why Choose Sarah Henry Law
Sarah Henry Law has extensive experience handling military divorce in Greenville, SC. Our attorneys understand both the legal and emotional aspects of divorce and provide supportive, strategic representation. Whether you’re navigating high net worth divorce, concerned about custody during deployment, or dealing with complex asset division, we’re here to assist.
We offer:
- Clear guidance on the entire divorce process
- Protection of military benefits and rights
- Coordination with military and civilian courts
- Experienced handling of custody and support cases
- Personalized support through a challenging time
Learn more about working with a Greenville Military Divorce Attorney. Call Sarah Henry Law at (864) 478-8324 to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward resolution and peace of mind.
Frequently Asked Questions: Greenville Military Divorce Attorney
Can I file for divorce in South Carolina if I’m stationed elsewhere?
Yes, if you or your spouse meet South Carolina’s residency requirement. Even if a service member is stationed outside the state, you may still be able to file in South Carolina under certain conditions.
How is military retired pay divided in divorce?
Military retired pay may be divided under the Uniformed Services Former Spouse Protection Act. Division depends on the length of the marriage, overlapping years of service, and other factors.
Does being on active duty delay divorce proceedings?
It can. Under the Servicemembers Civil Relief Act, a service member may request a stay of proceedings if military duties prevent them from participating fully in the case.
What happens to custody during a parent’s deployment?
Custody orders can be modified temporarily during deployment. Courts focus on the child’s best interests and often make arrangements for parenting time upon the service member’s return.
Do I need a military divorce attorney?
Yes. Military divorce involves specific federal and state laws that differ from civilian divorce. An attorney experienced in military divorce can help protect your rights and ensure compliance with all legal requirements.
