Military Divorces

Divorces where one or more of the spouses are members of the military/armed forces are commonly referred to as "military divorces."  Military divorces often differ from divorces where both spouses are civilians. A divorce involving military service members and/or the spouse of a service member may be obtained in either an uncontested action or a contested proceeding.  These two types of divorces are generally addressed below. 

Every divorce is unique to the facts of the marriage.  However,  military divorces typically involve unique issues requiring legal counsel specifically experienced in handling divorces involving military personnel, non-military spouses of military personnel,  and military dependents.   Failure to address the unique issues that may arise in a military divorce can be problematic and may result in the loss of one of the parties rights to certain benefits if the same are not properly addressed in the divorce.

The attorneys of BNWP&M are very experienced in representing both military service members and non-military spouses in divorce proceedings and all other domestic law matters involving both present and former military members, and present and former spouses of military members.  To address specific issues and aspects regarding your military divorce or any other legal matter, please contact me at your convenience to discuss your case. 

Uncontested Divorce

To dissolve your marriage by an uncontested divorce both parties to the marriage must agree on all issues.  For simplicity purposes, the areas that must be agreed upon include how the parties will divide all marital assets and all marital debts, meaning who will receive what assets and who will pay what debts, and in what specific amounts.  In an uncontested divorce, the parties are free to divide assets in essentially any manner they desire so long as each party agrees.  Similarly, the parties are free to divide the debt of the marriage in any manner they desire.  The parties' to be divorced must then have their agreement reduced to a written document known as a "marital dissolution agreement," also commonly referred to as a "MDA."

If the parties to be divorced have a child or children born during their marriage they must also agree on several issues pertaining directly to the child and/or children.  Such issues include, but are not limited to  who will be named as the "primary residential parent;" when visitation will occur with the child/children; and, what amount of money will be paid each month as child support.  

The term "primary residential parent" has replaced the term custodian.  As such, the primary residential parent is the parent with whom the child/children will primarily reside during the year.  The other parent is obligated to pay child support to the primary residential parent for the benefit, care, and maintenance of the child/children. 

The parties in an uncontested divorce will decide and agree as to which parent will be the primary residential parent, and when visitation will occur, as well as to all other issues  pertaining to the children.  The amount of child support that will be required is dependant upon the income earned by the parties. (please see the "child support section" of the web page for further analysis of child support) .  The agreement on these issues reached by the parents is memorialized in writing  in a document that is filed with the court and known as a "permanent parenting plan."  The parenting plan also addresses several other issues regarding the children and the parties agreement as to how the child/children will be raised after the parties' divorce becomes final.

Many military parties prefer an uncontested divorce to a contested divorce because, as a general rule, an uncontested divorce is a much quicker method to dissolve the marriage.  If there are no children and the parties have signed a marital dissolution agreement as addressed above, a divorce may be entered by the court after sixty (60) days have elapsed following the filing of a divorce complaint with the court.  Where children have been born during the marriage, a divorce may be entered and finalized after ninety (90) days have elapsed. Additionally, in an uncontested divorce the marriage may be ended on the ground of "irreconcilable differences."   Irreconcilable differences essentially means that the parties simply no longer can get along and cannot remain together as husband and wife.  No further explanation has to be given and no witnesses are required to testify as to the reasons for the divorce. 

An additional major benefit to ending a military marriage in an uncontested divorce proceeding is that the cost of attorney fees are considerably less for both parties thereby saving money that would be spent in litigating a contested divorce. 

In addition to these issues you may desire to address other issues such as alimony, the division of future retirement benefits and the affect of a future move after the divorce by one of the parties to another city or state as military service is often accompanied by deployment, reassignment and relocation by either the military service member or the non-military spouse following the divorce.  

The division of military retirement is a major issue in military divorces that is often overlooked.  For further analysis of military retirement/pensions as marital assets divisible in the divorce, please see the "military retirement section " of the webpage.

Key Facts and Benefits of Uncontested Divorces

• marriage may be ended quickly
• parties reasons for the divorce remain private and no witnesses are required.  In many courts, the parties do not have to go to court for the final hearing.
• cost to obtain the divorce is much cheaper than a contested divorce.

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Contested Divorce

If you and your spouse can not agree to end the marriage in an uncontested fashion; if one of the parties does not want a divorce; or, if an agreement cannot be reached as to either how assets, or debts will be divided, or as to how any issue regarding the children will be resolved, the marriage cannot  be dissolved in an uncontested divorce.  Instead, a contested divorce will have to be sought if a divorce is to occur.  In a contested divorce the party requesting the divorce must prove that a ground for the divorce exists. 

Tennessee is a fault state and if no ground exists that makes a divorce proper, the courts will not grant a divorce.   In regard to grounds upon which a contested divorce may be awarded.  Tennessee law recognizes several grounds upon which the marriage may be dissolved.  These grounds, or reasons, include but are not limited to inappropriate marital conduct, adultery, and abandonment.  These three grounds are among the more common grounds upon which contested divorces are entered. However, several other grounds exist at law which are not listed or addressed here.  As such, you should seek legal advice to determine if one of the above three grounds or any other ground not listed here may exist thereby warranting a contested divorce.

The time that it will take for a contested divorce to be obtained if a ground can be proven often depends upon the actions taken by the parties during the litigation, the specific issues that will be addressed in the suit,  and the specific court in which the divorce is filed.   As a general rule, the more issues that are involved and disputed, the longer it will take to prepare the case for trial.  As the time and work required by a contested divorce is greater than that required by an uncontested divorce, a contested divorce is typically more expensive than an uncontested divorce.

Issues in a contested divorce that may be involved include, but are not limited to the following: alimony; custody over children; the amount of child support that will be paid; visitation; whether any portion of the military retirement/pension may be obtained; disputes over whether assets are marital property subject to being divided or separate property that may not be divided by the court; identification and valuation of debt and assets; and, the development of evidence necessary to prove the ground/grounds for the divorce itself.  

Key Facts of Contested Divorces

• contested divorce is required when the parties cannot agree on one or more issues to be addressed in the divorce. 
• contested divorce will not be granted by the court unless a specific ground recognized at law  for the divorce is proven in court or stipulated to by the opposing spouse.
• time that it will take to obtain a divorce depends upon several factors including the number of issues to be addressed, the difficulty of each issue, and the specific court in which the divorce suit is filed.
• issues may be involved in a contested divorce.  Such issues are not limited to but include: alimony; custody; child support; visitation; division of future retirement benefits; identification, classification, valuation, and division of property and debts, and proving the grounds for the divorce.  
• costs of a contested divorce is greater than the cost for an uncontested divorce as the issues are contested and the work and time involved is greater than that involved in an uncontested divorce.

Conclusion

These and all other issues involved in military divorces should be addressed with an attorney regardless of whether an uncontested or contested divorce will be sought.  Failure to fully inform yourself of the law and your rights can lead to needless stress and anxiety and may have serious consequences.  The attorneys of Batson, Nolan, Pearson, Miller & Joiner
realize that regardless of whether you are contemplating filing a divorce suit, or whether you are yourself faced with a spouse who desires a divorce that it is a very trying time in your life.  Our attorneys are well versed in divorce law and have earned an excellent reputation representing our divorce clients, both military and non-military, before the Circuit and Chancery courts in the State of Tennessee and the Commonwealth of Kentucky. 

Should you retain us to represent you in this difficult time, you will receive individual attention and will be advised as to all applicable options in your case and the potential benefits and detriments of decisions that will have to be made.  We also understand that when you have questions and concerns that you need to speak with your attorney in a timely and efficient manner.  As such, counsel at Batson, Nolan, Pearson, Miller & Joiner
maintain regular contact with our clients throughout their proceeding  and we are available to address questions and concerns when needed.

JMMiller@batsonnolan.com