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Maine Military Divorce Lawyer

Maine law provides that military members who are stationed here can get divorced here—they don’t have to be legal residents. By the time that the Brunswick Naval Air Station shut down in 2011, we had been helping military members and their spouses divorce for 24 years. Our move to Augusta makes us quite convenient to Camp Keyes. Of course, many active duty and reserve military members stationed elsewhere are actually Maine residents and have family here. Additionally, many military members “from away” have found mid-coast Maine a nice place to retire. Over the years we have handled hundreds of such family law cases, where an active duty, reserve or retired military member was involved.

Every family lawyer who has a case involving a military member as a party will need to know about base pay rates, other entitlements, Tricare health benefits, retirement benefits, the Thrift Savings Plan, the Survivor Benefit Plan and Servicemembers Group Life Insurance. Many more cases will involve disability pay, or VA benefits, or accrued pension time through the Reserves. There are a whole host of other issues which are unique to military families: these are just the major economic ones.

Servicemembers are entitled to certain protections under the Servicemembers Civil Relief Act, or "SCRA".  You will need at least a passing familiarity with this federal law if you represent the spouse or domestic partner of an active duty military member.

The Uniformed Services Former Spouses Protection Act (USFSPA) has now been amended to include the "Frozen Benefit Rule" which changes the way State Courts must calculate the former spouse's share of the military retirement when the service member has not yet retired.  This is a potential trap for the unwary.

Experience makes a difference. If you are an active duty or retired military member, or the spouse of a military member (active or retired), and you are facing any type of family law matter in the Courts where we practice, you should give us a call. Your failure to seek out experienced guidance in these circumstances could be costly.

 

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