Military divorce involves one or both spouses serving in the armed forces, which introduces unique factors such as:

• Frequent relocations: Service members often move between bases or countries, complicating jurisdiction and custody.
• Deployment: Extended periods away from home can affect child custody and visitation schedules.
• Special benefits: Military pensions, housing allowances, and healthcare benefits require specialized knowledge for equitable division.
• Complex legal frameworks: Different rules apply depending on whether the jurisdiction is under common law or French law.

A military divorce lawyer specialises in these complexities, ensuring clients understand their rights and obligations while protecting the best interests of the child and family assets.

A lawyer handling military divorces may provide the following services:

1. Case assessment
   Evaluate the unique circumstances, including the service member’s deployment history, rank, and benefits, as well as the spouse’s financial and custodial claims.
2. Legal advice
   Explain how military pensions are classified (marital vs. separate property), visitation rights, and the impact of relocation orders on custody.
3. Document preparation
   Draft legal documents such as petitions, financial maintenance, and parenting plans. Accurate documentation is critical due to the intricate nature of military assets.
4. Negotiation and mediation
   Many military divorces are resolved outside of court. A lawyer mediates disputes over custody, child support, spousal maintenance, and property division.
5. Court representation
   If litigation is necessary, the lawyer presents evidence of service obligations, financial data, and custody suitability to the court.
6. International Considerations
   In cases where spouses are stationed abroad, lawyers coordinate with international treaties such as the Hague Convention on Child Abduction to ensure custody orders are enforceable globally.

• Division of military benefits
  Military pensions, disability pay, and housing allowances require careful evaluation. For instance, the U.S. Uniformed Services Former Spouses’ Protection Act (USFSPA) allows direct payment of military retirement benefits to a former spouse under certain conditions. French law treats military pensions differently, often exempting them from division unless court orders specify otherwise.
• Custody challenges
  Deployment can complicate child custody. Courts must balance the parent’s service obligations with the child’s stability. In France, judges may assign a temporary guardian or adjust custody arrangements, while common law jurisdictions use parenting plans to address deployment.
• Relocation
  Moving to another country or city may require formal court approval. Lawyers help manage these transitions without jeopardising custody or support agreements.
• Spousal maintenance

Military divorces often involve spousal maintenance calculations tied to the service member’s pay and benefits. Jurisdictional differences can influence the amount and duration.

Common Law (US, UK, Canada, Australia):

• Focuses on equitable distribution of assets, including military pensions.
• Joint custody is common but sole custody is awarded if the parent demonstrates better stability.
• Courts may appoint mediators or child advocates for complex custody disputes.
• Deployment and relocations are considered when creating parenting schedules.

French Law:

• Governed by the Code Civil, emphasizing child welfare and equitable division of marital assets.
• Sole or joint custody is decided based on the child’s best interests.
• Military pensions are often not considered marital property unless explicitly included in court orders.
• Deployment and parental availability are critical factors in custody decisions.

Yes!

Legal expertise ensures equitable division of military benefits and protects your custodial rights.

Typically not, especially if it affects child custody. Lawyers help manage relocation petitions.

Duration varies depending on complexity, evidence, and jurisdiction. Cases involving benefits or international relocation often take longer.

Military divorce requires specialised legal knowledge. Contact our firm today to secure your rights, protect your child, and navigate the unique challenges of military life.

• Common Law: Children’s preferences are considered from age 12+, depending on maturity.
• France: Children capable of discernment can express their wishes, but the judge makes the final decision.

• Deployments can disrupt the parent-child relationship.
• Court-appointed temporary guardianship may be required.
• Parenting plans must consider school, extracurriculars, and emotional needs.

Benefits:

• Children feel heard, reducing emotional stress.
• Encourages cooperative parenting.

Risks:

• Children may be influenced by one parent.
• Preferences may reflect short-term comfort rather than long-term stability.

Courts may consider opinions but make decisions based on best interests.

Lawyers ensure the child’s voice is heard without coercion and guide parents in communicating appropriately.

Rarely; it is a factor in the judge’s decision but not determinative.

Children matter in custody decisions. Contact our firm today to ensure your child’s needs are considered while protecting your parental rights.