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.
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.
“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