MILITARY DIVORCE IN MICHIGAN

A military divorce can have challenges that do not exist in a divorce in where there is no service member (or former service member) involved.

The provision of the Servicemember’s Civil Relief Act that is most often used in military divorces, is the ability to temporarily stay (put on hold) legal proceedings when military orders prevent a service member’s ability to participate in a case.

Our office has represented active duty military members, retired military members, active duty military members’ spouses (and former spouses),and retired military members’ spouses (and former spouses) in all areas of Michigan Family Law.

Many questions are asked of our office that specifically relate to family law in Michigan and how military service can impact family law issues. The most frequent of these questions are answered below.

Attorney Ellen Paynter is experienced in representing service members in our armed forces and their families.  Attorney Ellen Paynter can help you.  Contact our office to discuss your matter.

What State has Jurisdiction Over a Military Divorce

• Although it may be possible to file for divorce in the place where one is currently stationed, a service member can file where they claim their residency (the state that he or she resided in prior to going active duty and on their LES).
• For the purpose of filing divorce in Michigan, residency for a service member is established by keeping a Michigan driver’s license, voting in Michigan, owning property in Michigan, paying taxes in Michigan, or otherwise showing a desire to stay a resident of that state.  Claiming Michigan as your state of residence on your LES, can also be sufficient.
• Your choice of residency can have a significant effect on your case.
  • Although you may have been stationed in Virginia for the last year, you may wish to file for divorce in Michigan to avoid the lengthy waiting period for a divorce required in Virginia.
  • In order to make that decision, you will need to consult with an experienced Military divorce attorney in both Michigan and your current location to see what is best for you.

• However, even if you have residency for the purpose of filing Divorce in Michigan, it is possible that Michigan may not have jurisdiction over the minor children in order to address issues of custody, parenting time or child support.
  • Jurisdiction over minor children will be determined by the UNIFORM CHILD CUSTODY AND JURISDICTION ENFORCEMENT ACT (UCCJEA).
  • Our office has handled bifurcated divorce cases for service members, this is a case where the divorce is handled in Michigan, but the custody, parenting time and support are handled in the children’s home state.

Does being a service member effect custody

Since military personnel are not in control of where their orders will take them, they can be required to move at any time.

• The service member’s spouse may chose not to move with them, or may choose to move to another location.
• If you are reassigned to a base in another state and wish to bring your children, it impacts the other parent’s custody and visitation rights.
• You may be required to seek permission from the courts to move with the children to another location.

Also, when service members are deployed, they are generally unable to spend any parenting time with their children.

• This can affect your right to parenting time.
• If you do not get a specific temporary custody order before you are deployed, you may put your child custody and parenting time rights at risk.
• Proper planning can protect your child custody and parenting time rights.

How is child support and spousal support different in a military divorce

Generally, spousal support and child support calculations are based on a totality of a service member’s pay, including non-taxable supplements. Pay considered when calculating support include:

• base pay
• housing allowance (BAH)
• BAS
• COLA
• salary enhancements and
• special pay

It may be possible to argue that there should be a deviation from the child support guidelines, to not include some of these additional funds.

Will my spouse receive part of my military retirement if we have been married less than 10 years

• Members of the armed forces must serve for at least 20 years to gain military retired pay. 
• Both state and federal laws control how a military pension is to be divided.
• The Defense Finance and Accounting Service will only divide and pay a portion of the benefits directly to the civilian spouse if you have been married for at least 10 years during this 20 year period.
• However, Michigan courts can order a military spouse to pay the other spouse a portion of their military pension each month, even if you haven’t been married 10 years, and even if it is not paid through Defense finance and Accounting Service.

So, the answer is Yes.  Even if you have been married for less than 10 years, your spouse can be awarded a portion of your military pension.

Why should a military member hire an attorney