Military Divorce Attorneys in Wisconsin

Military Divorce in Wisconsin

Legally reviewed for accuracy by Attorney David Iancu

The information provided does not, and is not intended to, constitute legal advice. Talk to a lawyer today for legal advice

If you are seeking a divorce but are worried about the effects of your spouse’s military status, contact our experienced lawyers at Karp & Iancu today to help guide you through this difficult process.

Our Wisconsin military divorce lawyers understand that filing for divorce is a very difficult decision. We want to make the process as simple as possible. With divorce comes the emotional toll it takes on both parties, and dealing with a spouse who’s in the military can be even tougher to deal with. Fortunately, you’ll have a chance to file for divorce with the help of our lawyers who are ready to help you through the complex laws for your case.

How a Military Divorce Differs from Civilian Divorce

When you’re filing for divorce against military personnel, there are some key differences that will affect your divorce proceedings, creating a few extra steps when filing.

One of the biggest issues that military families deal with when filing for divorce is understanding which state to file in. Since many military couples move regularly, being stationed at different bases across states can cause some confusion. If your permanent residence is Wisconsin or if you’re stationed in Wisconsin, only then can you file for divorce in Wisconsin.

Another issue you may come across when filing is if your spouse is overseas, you may be unable to file right away. Wisconsin law states that members of the military can’t receive a summons if they’re deployed. However, you can take this time to discuss your situation with a local attorney and prepare for your case.

Deciding Child Support and Alimony

If your spouse is in the military, their finances may also be protected by law, which may make things more difficult without help. For this reason, you’ll need to keep the Uniformed Services Former Spouses’ Protection Act in mind.

This act provides some financial protections for both parties, depending on the length of the marriage. For example, the service member’s retired pay may be subject to property division. However, the marriage must have lasted at least ten years before the divorce.

Likewise, the amount you can receive for alimony or child support is limited. If the amount you should receive is more than 60 percent of their pay, the amount you’ll receive may be capped.

Finding The Right Divorce Attorney

When you’re seeking a divorce from a spouse who’s in the military, you’ll need a lawyer who can take those special considerations in mind. You’re dealing with a different set of laws, and that can affect when you can file and what you’ll receive in the divorce.

Fortunately, our award-winning lawyers at Karp & Iancu can help. We have over 45 years of experience working with divorce cases and are ranked a Top 10 Divorce Law Firm in Wisconsin. Military divorces are complex, so you’ll need someone on your side to help you fight back during this difficult time. If you’d like to set up a confidential, 1- hour consultation, fill out the form below or give us a call.