Columbus Military Divorce Lawyer
Military families often face challenges that go beyond the average divorce case. When one or both spouses are in the armed forces, the divorce process must account for Ohio family law and federal military regulations.
This can affect timelines, property division, custody arrangements, and even where you can file for divorce. At Atkins And Atkins, Attorneys At Law, LLC, our Columbus military divorce lawyers help service members and their spouses in Columbus, Ohio, navigate these unique legal hurdles with clarity and compassion. Contact us or call us at (614) 485-8248 for a free consultation.
Why Choose Atkins And Atkins, Attorneys At Law, LLC for Help With a Military Divorce in Columbus?
Military divorce is more complicated than a regular divorce. It means following Ohio’s divorce laws and certain federal rules that protect service members. A Columbus divorce lawyer can explain what you need to do, help you file the right paperwork, speak for you in talks, and make sure your rights are protected at every step.
At Atkins And Atkins, Attorneys At Law, LLC, our Columbus family lawyers use their 30-plus years of combined experience to get the best results for our clients.
Some ways our attorneys can help include:
- Explaining Ohio’s divorce procedures and how they apply to service members
- Addressing residency and jurisdiction questions unique to military families
- Negotiating fair agreements on property, custody, and support
- Ensuring federal military rules, such as the Servicemembers Civil Relief Act (SCRA), are followed
These steps can help you move forward with confidence while protecting your legal rights and future. Contact our Columbus, OH, law office to schedule a free consultation with a Columbus military divorce attorney.
Where Can a Military Member File for Divorce in Columbus, OH?
Ohio law generally requires that one spouse live in the state for at least six months before filing for divorce. You must also file in the county where you or your spouse has lived for at least 90 days. For active-duty service members, these rules can be more flexible.
Federal law allows a military member to file for divorce in:
- The state where they are stationed
- The state where they claim legal residency
- The state where their spouse resides
This flexibility is important for service members who relocate frequently due to military orders. Discussing your situation with a lawyer can help you choose the best location for filing.
How Is Property Divided in an Ohio Military Divorce?
Ohio follows an “equitable distribution” system, meaning marital property is divided fairly, though not always equally. In a military divorce, certain assets require special attention, such as military pensions and benefits.
Key points about property division in Ohio military divorces include:
- The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to divide military retirement pay
- Only the portion of retirement earned during the marriage is considered marital property
- Other military benefits, such as the Thrift Savings Plan, may also be divided
Understanding how these rules apply can significantly affect your financial future after divorce.
How Is Child Custody Handled When a Parent Is in the Military?
In Ohio, child custody decisions are based on the best interests of the child. This is true whether a parent is in the military or not, but service obligations can affect parenting schedules.
Courts will consider:
- Each parent’s ability to provide a stable environment
- The child’s relationship with each parent
- The impact of deployments or relocations
- The ability to maintain consistent communication
Military parents can request temporary modifications to parenting time during deployments under the Uniform Deployed Parents Custody and Visitation Act. This ensures a child’s relationship with the deployed parent is protected, even during extended absences.
How Is Child Support Calculated in a Military Divorce?
Ohio uses standard child support guidelines that apply to both civilian and military parents. However, determining income for service members can be more complex.
Military pay considered for child support may include:
- Base pay
- Basic Allowance for Housing (BAH)
- Basic Allowance for Subsistence (BAS)
- Special or incentive pay
Accurately calculating income ensures a fair support order that meets the child’s needs while reflecting the service member’s actual earnings.
Can a Spouse Receive Alimony in an Ohio Military Divorce?
Yes. Ohio courts may award spousal support (alimony) based on factors such as the length of the marriage, the parties’ incomes, and their ability to support themselves. The same general rules apply for military divorces, but the calculation must account for all forms of military pay.
Judges may also consider:
- The sacrifices a spouse made for the other’s military career
- The need for job training or education after divorce
- The standard of living during the marriage
An experienced attorney can help ensure spousal support orders reflect your financial needs and contributions.
What Federal Protections Apply to Military Members During Divorce?
Federal laws provide important protections for active-duty service members in divorce proceedings.
One key law is the Servicemembers Civil Relief Act (SCRA), which can:
- Delay court proceedings if military duties prevent participation
- Protect against default judgments while on active duty
- Allow for the temporary suspension of certain financial obligations
These protections help ensure service members meet their legal obligations without jeopardizing their military responsibilities.
Contact Our Columbus Military Divorce Lawyers for a Free Consultation
In Columbus, Ohio, a military divorce has special steps under both state and federal law. You’ll need to know where to file, how to divide military benefits, and how to arrange custody. Careful planning is important to make sure everything is done right. Atkins And Atkins, Attorneys At Law, LLC works to protect your rights and find solutions that fit your family’s needs.
To learn more, contact an experienced Columbus military divorce attorney at Atkins And Atkins, Attorneys At Law, LLC for a free consultation.
