The Service Members Relief Act
The Service Members Civil Relief Act impacts lawsuits, including divorces, filed against active duty service members. It is important to know how this federal law may impact your case, and our attorneys can provide you with that information.
In practical terms, this law can delay or "stay" certain court proceedings when a service member is deployed or on active duty orders and cannot reasonably appear in a Tennessee court. Courts in Montgomery County and across the state must balance the rights of the non-military spouse with the service member's duty obligations, so timing and strategy are critical. We help clients understand when it may be appropriate to request a stay, what documentation the court typically expects, and how to move a case forward without unfairly disadvantaging either party. By planning around deployments and training schedules, we work to protect your rights while respecting your military service.
What Is a Military Spouse Entitled to in a Divorce?
A military spouse is entitled to certain benefits and considerations when going through a divorce. The division of assets, child custody, spousal support, and access to military benefits are key aspects to consider.
- Regarding the division of assets, Tennessee is an equitable distribution state, meaning that marital property is divided fairly but not necessarily equally. This includes:
- Assets acquired during the marriage
- Pensions — military pensions are subject to specific rules and calculations under the Uniformed Services Former Spouses' Protection Act (USFSPA).
- Retirement accounts
- Property
- Child custody and support are determined based on the best interests of the child.
- The military spouse may be entitled to child support payments to ensure the child's well-being.
- Spousal support, or alimony, may be awarded to a military spouse depending on the duration of the marriage, the financial needs of the spouse, and other relevant factors. The court will consider the military spouse's earning potential and ability to support themselves post-divorce.
- Military benefits for the spouse, such as healthcare coverage through TRICARE, may continue under certain circumstances.
- The 20/20/20 rule applies, which grants full medical benefits to former military spouses who were married to the service member for at least 20 years, the service member served for at least 20 years, and the marriage overlapped the military service by at least 20 years.
Beyond these general rules, every military family has a different mix of income, benefits, and career sacrifices that should be considered when negotiating a settlement. For example, some spouses have forgone careers to handle frequent moves to and from Fort Campbell or other duty stations, which can affect their long-term earning capacity. We look closely at housing allowances, special pays, and retirement options to help spouses understand what a fair resolution might look like under Tennessee law. By clearly explaining how federal rules like USFSPA interact with state divorce statutes, we help clients make informed decisions about whether to pursue trial or work toward an agreement.
How Military Divorce Works in Tennessee and Montgomery County
Many service members and spouses are unsure where to file for divorce, especially if they have been stationed in several places. In Tennessee, questions about residency, domicile, and where the marriage was last lived out as husband and wife all affect where a case may be filed. When one or both spouses are connected to Fort Campbell or live in Montgomery County, the local courts in Clarksville often have authority to hear the case, even if a deployment or PCS move has taken the family temporarily out of state or overseas.
Because military income is structured differently than civilian income, the court must look at base pay, allowances, and other forms of compensation when setting child support and alimony. This can require careful review of LES statements and an understanding of how changes in duty status may affect future income. We help clients prepare clear financial pictures for the court so that support orders are grounded in accurate, up-to-date information. Taking the time to organize these details on the front end can reduce disputes later in the process.
Another key issue in Tennessee military divorces is choosing whether to resolve matters through settlement, mediation, or trial. Factors like upcoming deployments, training cycles, and reassignment orders can influence the timing of hearings and the practicality of certain custody or property arrangements. We talk through these considerations with clients so they can assess the pros and cons of different approaches. When a case is filed in Montgomery County, familiarity with local court preferences and scheduling practices also helps us set realistic expectations about how long the process may take and what steps will be required along the way.
Call (931) 361-4477 or toll free at 866-936-9758, or contact us online to arrange a free initial consultation with our Clarksville military divorce attorneys.
Frequently Asked Questions
Can I File for Divorce in Tennessee If I Am Stationed Out of State or Overseas?
In some situations, yes. Whether you can file in Tennessee depends on factors like where you are legally considered a resident, how long you or your spouse have lived in the state, and where you last lived together as a married couple. Even if you are currently deployed or stationed elsewhere, you may still meet Tennessee’s residency requirements. It is important to review your specific facts and orders so you do not accidentally file in a court that lacks authority over your case.
How Does Deployment Affect Child Custody and Parenting Time?
Deployment does not automatically take away a parent’s custody rights, but it does require flexible planning. Parenting plans for military families often include provisions that address temporary changes during deployment and how contact will be maintained through phone, video calls, or electronic communication. When the deployment ends, the plan may allow for a return to the prior schedule or a gradual transition. Courts aim to protect the child’s best interests while recognizing the realities of military service.
Will My Military Retirement Automatically Be Split 50/50?
No. Military retired pay is subject to federal rules, but Tennessee courts still apply equitable distribution principles, which focus on what is fair rather than an automatic equal division. The length of the marriage, how long it overlapped with military service, and the contributions of each spouse to the household can all play a role. A court may award a share of retired pay, offset its value with other property, or approve a negotiated agreement that addresses retirement in a different way.
It is crucial to consult with experienced military divorce attorneys in Clarksville, TN, such as those at Patton | Pittman Attorneys. Our military divorce lawyers can provide personalized guidance, navigate the complexities of military divorce, and ensure that military spouses receive the entitlements that they deserve while protecting their rights and interests throughout the process.
Contact Our Clarksville Military Divorce Attorney Today!
Our lawyers can guide you through the rules and requirements that apply to service members. From our office in Clarksville, we can handle divorce cases for service members deployed anywhere in the world.
Call (931) 361-4477 or toll free at 866-936-9758, or contact us online to arrange a free initial consultation with our Clarksville military divorce attorneys.
