Military Divorce Guiding Families Through Life's Challenges for Over 3 Decades

Military Divorce Attorney in Burnsville

Representing Civilians & Military Service Members in Minnesota

Serving in the military is very stressful and can put a great deal of stress on the service member’s marriage. Unfortunately, some marriages don’t survive because of the demands of the military.

Military divorce can be complicated. If one spouse is on active duty, he or she is out of the country. This means that the federal laws that apply to military personnel will come into play. Our Burnsville military divorce attorney can discuss with you your legal rights and help you through the process of filing for divorce as either a civilian or a service member. We serve clients throughout the Minneapolis metro area and across Minnesota.

Contact Burns Law Office at (952) 260-6376 today to get started with a free consultation.

Civil Relief Act of 2003

The Civil Relief Act of 2003 protects active-duty military servicemen and women by safeguarding them against civil action for 90 days. It is even possible for this stay to be extended under certain circumstances. The fact is, being on active duty can present some issues regarding custody, child support, parenting time, and property division.

The couple must also address:

  • Military income calculation
  • Military pension division
  • Military benefit allocation

Of course, the circumstances are different in every case. Our military divorce attorney in Burnsville can go that extra mile to protect you and your rights throughout the divorce process.

Serving Active Military Spouses

If you are filing for divorce and your spouse is in the military, you will file the paperwork as any civilian couple would. The active-duty spouse will also be served with a copy of the divorce action and a summons from the Minnesota courts in the county in which the military member resides. If the divorce is uncontested, the active-duty military member may not have to be served as long as a waiver affidavit is signed acknowledging the divorce action.

Property Division & Child Support

Federal law will not allow a military member’s retirement benefits to be distributed to the spouse unless the marriage lasted at least 10 years while the military member was on active military duty. Child support and alimony awards cannot exceed 60% of the military member’s income. This rule takes precedence over the usual worksheets and schedules that are used in Minnesota to determine child support and spousal maintenance.

Contact Our Burnsville Military Divorce Lawyer

If you wish to file for a military divorce, there is a lot to know. The process can be extremely complicated and tense. Nonetheless, having a trusted attorney by your side can ensure that everything goes smoothly. We are determined to help you reach a favorable outcome as soon as possible.

To schedule your free initial consultation, call Burns Law Office at (952) 260-6376.

Testimonials

Former Clients Share Their Experience with Our Firm
  • “We would not hesitate to recommend him to any of our friends and family.”

    - Kelly M. & Thomas Z.
  • “Since he only does family law he has done a lot of divorces so nothing in my case was new to him. John is very professional!”

    - Matt
  • “They all seemed to know Mr. Burns well and they respected him and trusted him which meant that they trusted what I had to say too.”

    - Robert

Why Choose Burns Law Office

  • Award Winning

    Mr. Burns has been identified as a Super Lawyer, Who’s Who in Family Law and Dakota County’s Heroes Award among others.

  • Impeccable Reputation

    Mr. Burns has an impeccable reputation in his community for going the extra mile. He is well respected by the Judges, colleagues and his clients.

  • Experience

    Mr. Burns has nearly 3 decades of legal experience focused exclusively on family law. He's helped nearly 3,000 families find the resolution they needed.

Contact Us Today

Let Burns Law Office Guide You Through This Difficult Time
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  • Lawyers of Distinction
  • National Academy of Family Law Attorneys
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