Massachusetts Military Divorce: Key Considerations
The legal process for divorce in Massachusetts applies equally to civilians and service members. Understanding these legal frameworks is an essential first step. In Massachusetts, the divorce process begins with filing a complaint for divorce in the Probate and Family Court. A divorce may be filed as “no-fault” based on the irretrievable breakdown of the marriage, either jointly by both parties (uncontested) or by one party alone (contested). Massachusetts also recognizes fault-based grounds for divorce, including adultery, desertion, and cruel and abusive treatment, among others. However, most military divorces proceed under the no-fault option, as it does not require proof of wrongdoing and often leads to a more cooperative resolution.
As with any divorce, the court will determine issues such as alimony, child support, child custody, and property division. In military divorces, specific factors come into play, including a service member’s income, benefits, and ability to actively parent while fulfilling military obligations.
There are, however, some specific issues that may arise during the divorce if one or both spouses are in the military.
Jurisdiction and Domicile in Military Divorces
One unique aspect of military divorce is determining the appropriate jurisdiction. Since service members frequently relocate, establishing domicile—the place where a person intends to reside permanently—can be complex. Courts consider factors such as voter registration, vehicle registration, and state tax filings to determine domicile and jurisdiction.
Additionally, the Servicemembers’ Civil Relief Act provides legal protections for those on active duty, including stays on civil judgments, which may affect divorce proceedings. Courts may require an affidavit confirming compliance with this law when handling cases involving active-duty military members.
Property Issues in a Military Divorce
There might also be particular issues with property division and alimony matters that apply to military spouses, particularly in the case of a long-term marriage where there is also long-time service by the service member spouse. The Uniformed Services the Former Spouses’ Protection Act allows for the division of military retired pay during a divorce. The court may order fixed dollar amounts, percentage amounts, formula awards, and hypothetical awards. In addition, the USFSPA allows a former spouse to collect payments directly from the Defense Financial Accounting Service as long as certain qualifications are met.
In addition, there might be issues with applicable federal health benefits, life insurance, survivor benefits, and other potential benefits that may be an integral part of the divorce. It is essential to carefully consider these benefits during the process of marital property assignment and alimony. If you have any questions, our Massachusetts military divorce lawyers are here to answer them. Contact us for a free consultation.
The assignment of other (general) marital property is decided using a process called equitable distribution in Massachusetts. Here, the term “equitable” means “fair,” and not necessarily equal: the court will determine how best to divide marital property in the fairest manner in each particular case. There are many factors that the court considers as part of this process, including the length of the marriage, the vocational skills and employability of the parties, the income and future earning capacity of the parties, and the liabilities, among many others.
Custody Considerations in Military Divorces
Generally, child custody decisions in Massachusetts are based on the best interests of the child. Courts assess factors such as the child’s primary caregiver, each parent’s ability to provide care, and in some cases, the child’s preferences.
Military service can present unique challenges in custody arrangements, particularly regarding deployment and relocation. Courts do not automatically award custody to the non-military parent in cases of deployment. Instead, custody decisions are made based on state law and the child’s best interests. Temporary modifications to custody arrangements may be necessary to account for the realities of military service.
Additional Resources for Military Families
The Department of Defense’s Defense Financial Accounting Service has a helpful page regarding garnishment located here.
The following two websites are also helpful to those interested in more information about the financial protections of military spouses:
If you have questions about divorce, custody, or support, legal guidance can help you navigate these complex issues. Scheduling a consultation with an experienced Massachusetts military divorce attorney can provide clarity and support throughout the process.