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Military Divorce Attorneys in Salt Lake County

Representing Military Service Members in Divorce Cases

The men and women who serve in the U.S. Armed Forces take on an enormous responsibility. That strain can reach beyond active military duty and impact life with their civilian spouses and children. When marriages break down, soldiers must manage potential deployment, childcare and visitation, retirement resources, and the unique guidelines that come with defending freedom. While divorce presents a difficult challenge and uncertain time for any couple, military personnel face additional hurdles. That’s why it’s important to work with an experienced Salt Lake County military divorce attorney who can guide you through the issues you encounter along the way.

Call (801) 515-4133 or contact us online to request a free consultation with Eric M. Swinyard & Associates, PLLC.

Filing for Divorce as a Military Service Member or Spouse

To file for divorce in Utah, one of the parties must have resided in the state for at least six continuous months. Being stationed at a military installation qualifies as state residency. Although deployment can make that requirement difficult on the service member’s part, a civilian spouse can also meet the court’s standard.

The courts generally require that the divorce is filed in the military spouse’s place of residence. This can be where a home is located, a federal tax address, or where voter registration is filed. Military divorces enjoy some flexibility in the courts. The key issue is that a state court has jurisdiction to issue an actionable divorce decree.

Military Child Custody & Support

Deployment may be the single biggest challenge to military service members wishing to spend time with their children. The non-military spouse often assumes child placement and the role of custodial parent when their spouse is deployed. Consistency has long been held to be in a child’s best interest. Reasonable visitation and facilitating the best parent-child bond possible is also fundamental.

In military divorces, courts tend to be more flexible in approving child custody and visitation plans. In some cases, those rights can be transferred to a close family member when the service member is overseas.

In terms of child support, the military has a set of guidelines that can be implemented with regards to child support payments while a divorce is pending. Again, active duty may require a soldier to be out of the state for an extended period of time. A formula is used to calculate benefits that include salary, housing allowances, and non-cash payments. These funds can automatically be garnished from the soldier’s paycheck. The amount may also fluctuate to account for one parent taking on a larger role while the other is deployed. The life of a soldier makes child support, visitation, and custody a comprehensive issue to address in divorce.

Unique Military Privileges

The U.S. military recognizes the difficulties that service places on families and has created specialized privileges for ex-spouses who meet certain criteria. For example, the 20/20/20 rule allows a divorced spouse full access to base commissaries and exchanges if the couple was married for 20 or more years and the military service was also for 20 years or longer. An ex-spouse may enjoy these base privileges until he or she remarries. Similarly, children retain these privileges until they are 23 years old, even if the marriage was less than 20 years.

Divorcees also may retain access to military health care known as Tricare. Sometimes called the 20/20/15 rule, the difference for ex-spouses to be eligible is that only a 15-year overlap is needed. After the divorce is final, a divorced spouse enjoys 12 months of Tricare benefits. However, there may be opportunities to apply for 36 months of coverage in some cases. Children can stay on the program until they turn 23 years old.

Military Retirement Benefits

One of the perks to military service is that after 20 years, you earn a life-long retirement package. Unfortunately, this can pose a complicated issue during a divorce. Under the Uniformed Services Former Spouse’s Protection Act, courts have considerable flexibility in the division of this asset. After 10 years of marriage, a spouse may be entitled to 50% of the pension – but that number is not set in stone. A court could award the non-service member a greater portion.

Other assets to consider include:

  • Survivor’s Benefit Plan
  • Thrift Saving Plan
  • Servicemembers Group Life Insurance

Schedule a Free Consultation with Eric M. Swinyard & Associates, PLLC

Filing for divorce while a spouse is in the military can be an immensely complicated process. The smallest details can have a significant impact on a fair and equitable divorce decree. That’s why it’s important to work with an experienced military divorce attorney in Salt Lake County or Utah County.

If you are considering a military divorce, contact Eric M. Swinyard & Associates, PLLC in Draper. Call (801) 515-4133 to get started.

Testimonials

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Meet Our Team

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  • Eric M. Swinyard Photo
    Eric M. Swinyard

    Founding Attorney

    Eric M. Swinyard is a litigation and small business attorney who serves clients throughout Utah and across the country. He has offices in both Salt Lake County and Utah County. Eric’s practice is focused on providing personalized, high-quality legal services to both individuals and businesses. He regularly assists clients in various practice areas , including divorce , parentage ( paternity ), adoption , debt collection, estate planning , business advice, asset protection, litigation (civil, ...
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    Ryan Ficklin

    Attorney

    Ryan Ficklin is an associate attorney at Eric M. Swinyard & Associates, PLLC. Prior to practicing law in Utah, Ryan practiced family law in Southern California. In 2017, Ryan relocated back to his home state of Utah to focus on serving the people of Utah who need legal representation, particularly in the family law realm. Ryan graduated with honors from California’s Whittier Law School in May of 2015. While in law school, Ryan was a staff member for The Journal of Child and Family Advocacy. Ryan ...
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    Preston Day

    Attorney

    Preston Day is an associate attorney at Eric M. Swinyard & Associates, PLLC. Before assuming his position as an associate attorney, Preston spent over two years working as a prosecuting attorney for Salt Lake City and Salt Lake County. During his time as a prosecutor, he managed several hundred cases and took over 100 cases to trial. In his current role, Preston manages primarily divorce , family , and criminal cases . Preston began his legal career working as a law clerk for Judge Richard ...
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