Edmond Military Divorce Lawyers

Experienced Military Divorce Attorneys Serving Oklahoma County, OK 

The men and women who serve our country in the United States Armed Forces do so at great personal cost and sacrifice. Sometimes, the unfortunate result of that sacrifice is the end of their marriages. Whatever the reason for a divorce, the spouses deserve legal counsel who is both personally compassionate and professionally capable of handling the multitude of nuances involved in a military divorce. The military divorce attorneys at The Smith Firm bring over 15 years of experience to the table. We can help military spouses work towards a fair settlement. 

Call our office at (405) 331-7884 or contact us online to speak with our experienced Edmond military divorce attorneys. We work with military personnel throughout the Oklahoma City area and all of Oklahoma County.

Key Laws in Military Divorce

Several federal laws address the rights and protections of both service members and their spouses: 

• Uniformed Services Former Spouses' Protection Act (USFSPA): The USFSPA allows state courts to divide military retirement pay as a marital asset during divorce proceedings. 
• Federal Service Members Civil Relief Act (SCRA): The SCRA protects active-duty service members from being unfairly disadvantaged in legal proceedings, including divorce. One protection allows for case delays or stays if active-duty responsibilities make it necessary.
• Uniform Deployed Custody and Visitation Act: This act provides consistency in custody and visitation arrangements for deployed parents. A key provision prohibits permanent custody changes solely due to a parent’s deployment. 

These laws are designed to protect both the interests of service members and the rights of their families, creating a framework for fair resolutions. Understanding these laws is crucial for a smooth and equitable divorce process, ensuring that both parties are fully aware of their rights and obligations. Our military divorce lawyers at The Smith Firm, well-versed in these laws, can help navigate these intricacies, offering legal guidance tailored to the unique circumstances of military families.

Unique Issues in a Military Divorce

Here are just a few of the ways military divorce can take on a different dynamic than a divorce involving civilian spouses: 

Military Pensions and Retirement Accounts

One result of the USFSPA is that military pensions can be included in the property division, subject to Oklahoma law on the equitable distribution of assets. For a former spouse to receive direct payments from the Defense Finance and Accounting Service (DFAS), the marriage must have overlapped with at least 10 years of service—a rule known casually as “the 10/10 rule.” It is crucial to navigate pension division carefully to prevent future disputes. Our team ensures clients understand the nuances of the 10/10 rule and strategizes appropriately for their interests. 

VA Disability Benefits 

VA disability benefits are a contentious issue in many divorces. These payments are not divisible as marital property under federal law. However, they can still influence other financial determinations, like spousal support or child support calculations, since they reflect the service member’s income stream. Courts often include this income when calculating support obligations. Understanding the intricacies and implications of VA benefits is essential to securing a fair settlement. 

Additionally, if a service member waives retirement pay in favor of VA benefits, it can reduce the retirement funds divided during the settlement, potentially affecting the former spouse’s financial share. Our military divorce attorneys can guide you through these complex considerations, ensuring foresight and planning for financial stability. 

Relocation Challenges 

The frequent relocations that are a reality of military life pose unique challenges in a divorce settlement, particularly regarding child custody and visitation. Courts will prioritize the best interests of the child as they seek to consider the service member’s obligations fairly. Additional factors such as educational continuity, family support systems, and emotional well-being are considered in crafting a practical custody solution. Our legal team works with families to establish comprehensive, flexible parenting plans that accommodate the unique demands of military service while prioritizing the welfare of the children involved. 

Custom parenting plans, including virtual visitation arrangements, are common solutions. Relocation requests may require legal approval, which hinges on demonstrating how the move serves the child’s best interests. Flexibility and open communication, paired with legal support, are often vital to managing these challenges effectively. Our military divorce attorneys can provide the essential guidance required to navigate relocations with minimal disruption to parental rights and family dynamics.

Local Expertise in Edmond Military Divorces

At The Smith Firm, we understand how significant local insight is when handling military divorces in Edmond. Our legal professionals are intimately familiar with local court systems and the specific expectations and regulations that come with military divorces in the state. We work alongside many local resources to ensure that each military divorce proceeds as smoothly as possible, reducing the emotional strain on all family members involved. This local partnership includes an understanding of familiar Edmond community practices, ensuring our clients receive precise and empathetic guidance.

By leveraging our deep ties within Edmond and the broader Oklahoma County network, we are able to offer our clients more than just legal advice; we offer a supportive hand throughout the process. Our commitment ensures that the complexities of military life are comprehensively addressed within any divorce settlement, always prioritizing fairness and integrity.

Local Support & Resources for Military Families

Military families stationed at bases near Edmond, such as Tinker Air Force Base, have access to a plethora of local resources designed to assist them during divorce and other family law matters. It's essential for military families to connect with local support networks, including dedicated military family support centers, child services, and mental health resources available through both the military and civilian agencies.

In addition to legal representation, finding counseling services and financial advice has proven invaluable for many families in transition. We encourage all our clients to take advantage of such resources for comprehensive support. This holistic approach can facilitate smoother transitions by addressing not just the legal ramifications of divorce but the overall well-being of the family involved.

Call our office at (405) 331-7884 or contact us online to speak with our experienced Edmond military divorce attorneys. We work with military personnel throughout the Oklahoma City area and all of Oklahoma County.