Selecting a military divorce attorney is a decision that shapes jurisdiction, timing, property division, retirement benefits, and parenting arrangements in ways that differ markedly from a civilian divorce. A lawyer who does not understand the interplay between federal protections for service members and state domestic relations law can inadvertently expose both spouses to avoidable delays, enforcement problems, and financial losses.?
Many parties assume that any family-law practitioner can handle a military dissolution, but the statutory framework around the Servicemembers Civil Relief Act, the Uniformed Services Former Spouses’ Protection Act, and Defense Finance and Accounting Service (DFAS) administration makes specialized knowledge critical. Careful screening of a prospective military divorce attorney helps prevent the most common errors that arise when deployments, relocations, and federal benefits are involved.?
Understanding the unique nature of a military divorce attorney role
A military divorce attorney must navigate both state family law and federal enactments that regulate the timing of proceedings and treatment of military pay and benefits. Unlike in purely civilian matters, counsel must account for active-duty obligations that may limit a service member’s ability to appear, as well as DFAS rules governing direct payment of retired pay to former spouses.?
Because divorce, child custody, and support are governed primarily by state law, a military divorce attorney still litigates in state courts, but federal statutes shape when the case can proceed and which court may assert jurisdiction over the service member. When counsel misunderstands this allocation of authority, the resulting orders may be vulnerable to challenge or impossible to enforce through DFAS and related agencies.?
Mistake 1: Choosing a military divorce attorney with no SCRA familiarity
One of the most serious mistakes is retaining a military divorce attorney who lacks working familiarity with the Servicemembers Civil Relief Act (SCRA). The SCRA allows active-duty personnel to request a stay of civil proceedings when their military duties materially affect their ability to participate, and it restricts default judgments under certain conditions.?
If a military divorce attorney does not recognize when the SCRA applies, the service member may be exposed to a default judgment entered while deployed or otherwise unable to respond, or a non?military spouse may face repeated delays because opposing counsel files unnecessary stay requests. Courts must ensure that SCRA rights are honored, and DFAS guidance explicitly notes that those protections must have been observed in any case where the member was on active duty at the time of the divorce.?
Mistake 2: Working with a military divorce attorney who misunderstands jurisdiction and filing options
A second frequent error is choosing a military divorce attorney who treats jurisdiction in a military dissolution as identical to a standard divorce. Military spouses often have connections to multiple states through home of record, current duty station, and prior postings, and some jurisdictions allow jurisdiction to rest on the service member’s stationing even when strict traditional residency is limited.?
When a military divorce attorney files in a forum that lacks personal jurisdiction over the service member or fails to comply with that state’s residency statute, orders addressing property and support may later be challenged as unenforceable. An attorney who understands multiple bases for jurisdiction in military cases can evaluate options for forum selection, weighing convenience, substantive law on property division, and practical enforceability of orders.?
Mistake 3: Hiring a military divorce attorney who misapplies USFSPA and the “10/10 rule”
The Uniformed Services Former Spouses’ Protection Act (USFSPA) authorizes, but does not require, state courts to treat “disposable retired pay” as divisible marital property in a divorce proceeding. A recurring mistake is trusting a military divorce attorney who incorrectly tells clients that unless the couple meets the so?called “10/10 rule,” the non?military spouse has no entitlement to the pension at all.?
DFAS guidance makes clear that the “10/10 rule” is only a jurisdictional prerequisite for DFAS to send payments directly to the former spouse; it does not determine whether a court may award a share of retired pay. A military divorce attorney must be precise in explaining that a court may divide military retirement even when the marriage overlaps service for fewer than ten years, but that payment will then need to be made by the retiree rather than by DFAS.?
Mistake 4: Selecting a military divorce attorney who overlooks DFAS order requirements
Another critical error involves orders drafted by a military divorce attorney that do not satisfy DFAS formatting and content rules, resulting in rejection of an application for direct payment. DFAS specifies that the final decree or accompanying order must award a portion of “disposable retired pay” as property, state the amount using an acceptable formula or fixed sum, and comply with identification and certification requirements.?
If a military divorce attorney uses vague language, fails to specify whether the award is based on a marital fraction, or does not address cost?of?living adjustments and survivorship issues in a manner DFAS can administer, the former spouse may face prolonged correspondence and potential underpayment. The application process itself, which utilizes a prescribed form for former spouses seeking direct payments, also requires correct supporting documentation, and counsel must guide clients through that procedure effectively.
Mistake 5: Engaging a military divorce attorney who ignores survivor benefit planning
In addition to dividing retired pay, a well?prepared military divorce attorney considers how the Survivor Benefit Plan (SBP) and comparable protections affect a former spouse’s long?term security. If a court order addresses only current or anticipated monthly retired pay without securing former spouse SBP coverage when appropriate, the former spouse’s interest in income may terminate upon the service member’s death.?
A military divorce attorney who fails to raise SBP elections, premiums, and deadlines leaves both parties without a clear understanding of what happens after retirement or death, which can conflict with equitable distribution assumptions. This is particularly important in long?term marriages where the non?military spouse has structured career choices around military life and reasonably expects ongoing financial protection beyond the service member’s lifetime.?
Mistake 6: Choosing a military divorce attorney who treats military pay and allowances like civilian income
Basic pay, housing allowances, and other forms of military compensation are structured differently from ordinary civilian wages, and a capable military divorce attorney must understand which categories are included in “disposable retired pay” and which may be excluded under statute. While USFSPA addresses retired pay, active?duty income components also influence child support and spousal maintenance calculations under state law.?
When a military divorce attorney simply converts a Leave and Earnings Statement into a rough “gross income” figure without analyzing non?taxable allowances, special pays, and statutory exclusions from disposable retired pay, support orders and property division awards can be distorted. An accurate approach requires careful review of pay categories and application of each jurisdiction’s child support guidelines to the full economic picture.?
Mistake 7: Retaining a military divorce attorney with no experience in parenting and relocation issues for service families
Military life often involves frequent relocation, temporary duty assignments, and deployments, all of which complicate parenting plans and decision?making arrangements. A military divorce attorney who approaches custody and visitation as if the parents will remain in the same city may craft orders that quickly become unworkable, leading to repeated modification proceedings.?
Informed counsel will consider virtual visitation provisions, long?distance time?sharing structures, and explicit allocation of transportation responsibilities, while ensuring that any relocation restrictions comply with state law and realistically account for military orders. Without a military divorce attorney who anticipates these realities, both parents may later confront allegations of contempt or interference with parenting time when duty assignments change.?
Why specialized experience in military divorce attorney practice matters
The interplay between SCRA protections, USFSPA division of retired pay, DFAS administration, and state family?law doctrines makes military dissolution a distinct practice area. A military divorce attorney who has repeatedly drafted DFAS?compliant orders and litigated jurisdiction and stay issues will recognize recurring problem points and structure the case to avoid foreseeable disputes.?
By contrast, generalists may inadvertently agree to language that DFAS will not honor or stipulate to stays without clarifying their effect on temporary support and parenting arrangements. Reviewing a lawyer’s prior work in military cases, including sample decrees and orders, can indicate whether the attorney understands these technical demands.?
Evaluating a prospective military divorce attorney’s approach to SCRA stays
When discussing a new case, a prospective military divorce attorney should be able to explain how the SCRA stay mechanism operates, including the requirement that the servicemember’s duties materially affect participation and the court’s discretion in granting or extending stays. The attorney should also address how to balance the service member’s rights with the non?military spouse’s interest in timely support and parenting orders, possibly through temporary arrangements that comply with SCRA while maintaining stability for children.?
If a military divorce attorney either dismisses SCRA concerns entirely or suggests that SCRA can indefinitely block the case without judicial oversight, that indicates a misunderstanding of statutory limits on stays and protections against abuse of the process. Clarity on this point helps avoid both improper default judgments and unnecessary delay.?
Assessing a military divorce attorney’s knowledge of DFAS forms and procedures
A capable military divorce attorney should be comfortable describing the DFAS application process for former spouse payments, including completion of the designated application form and submission of certified court orders. The attorney should know what DFAS reviews when determining whether an order is enforceable, such as clear award language, identification of the member and former spouse, and compliance with the 10/10 direct?payment requirement.?
Because DFAS is an administrative pay center, it does not resolve disputes over interpretation of ambiguous orders; instead, it follows the terms presented and rejects orders that do not meet statutory criteria. A military divorce attorney who has studied DFAS guidance and frequently corresponds with the agency is more likely to anticipate potential issues before the decree is finalized.?
Considering how a military divorce attorney coordinates with installation and federal resources
An informed military divorce attorney will often refer clients to installation legal assistance offices and recognized federal resources for additional background while remaining clear that those offices do not represent either spouse in the divorce proceeding. Official resources such as Military OneSource explain general rights, benefits, and SCRA protections for service members and families, and they can supplement, but not replace, individualized legal counsel.?
When a military divorce attorney is unwilling to acknowledge or integrate these public materials, clients may miss accessible explanations of benefits like continued health coverage, commissary access, or transitional support that interact with divorce outcomes. A collaborative approach that incorporates authoritative federal guidance while preserving independent advocacy is generally more consistent with modern family?law practice in military cases.?
The importance of a military divorce attorney who understands post?judgment enforcement
Military families frequently relocate after entry of a decree, and a military divorce attorney must draft orders with an eye toward enforcement across state lines and through federal pay centers. If a retired service member fails to remit court?ordered payments where DFAS is not involved or if child support and alimony orders require interstate collection, counsel must understand available garnishment tools and registration procedures in new jurisdictions.?
A military divorce attorney who anticipates these scenarios can structure marital dissolution agreements and decrees to facilitate wage withholding, arrears calculations, and recognition of orders by other states under full faith and credit principles. Without that preparation, former spouses may face complex enforcement proceedings every time a new posting or relocation occurs.?
How a military divorce attorney should approach health care and other benefits
TRICARE coverage and related benefits often arise in discussions with a military divorce attorney, particularly in long?term marriages where one spouse has depended on military health care. Whether a former spouse retains or transitions out of coverage can depend on factors such as length of the marriage, overlap with military service, and remarriage, and these questions often intersect with the “20/20/20” and similar rules discussed in military family?law resources.?
A thorough military divorce attorney will not only consider these eligibility rules but also explain how they interact with spousal support, health?insurance orders, and allocation of medical expenses for children. Inadequate attention to these issues can leave parties without realistic planning for ongoing medical needs after the decree.?
Mistake: Not examining how a military divorce attorney addresses relocation and modification
Because a service member’s assignments may change after divorce, modification of custody, visitation, and sometimes support is common in military families. A military divorce attorney who drafts rigid parenting plans with no mechanism for adjustment when orders change may force the parties to return to court repeatedly for even modest relocations.?
Thoughtful counsel incorporates state relocation standards, anticipates likely duty?station shifts, and sets clear communication obligations between parents regarding orders and travel. A military divorce attorney who can describe this long?term planning at the initial consultation is usually better equipped to manage future modifications in a structured way.?
Integrating local practice knowledge into military divorce attorney selection
While federal statutes and DFAS rules apply broadly, local court culture, filing procedures, and judicial expectations can vary significantly. Selecting a military divorce attorney who regularly appears before the relevant family?law bench and understands how local judges handle SCRA stays, remote testimony, and parenting plans involving deployment improves predictability.?
Some courts may favor virtual appearances for deployed parents, while others require detailed affidavits supporting SCRA relief, and an experienced military divorce attorney should be ready to explain those tendencies. This local insight complements technical knowledge of federal law and helps shape litigation strategy from the outset.?
Considering analytical depth when reviewing a military divorce attorney’s advice
Clients evaluating a military divorce attorney should pay attention not just to whether the lawyer can name relevant statutes, but to how the lawyer analyzes trade?offs and long?term consequences. For example, the attorney should be able to compare different methods of dividing retired pay, such as fixed sums versus percentage awards based on the marital fraction, and explain the implications if the service member advances in rank before retirement.?
Similarly, a military divorce attorney should recognize when a lump?sum offset, increased spousal support, or other arrangement may better reflect equitable distribution in light of disability benefits that are excluded from disposable retired pay. This level of reasoning indicates familiarity with both statutory text and the practical impact of case?law developments interpreting USFSPA.?
The role of written agreements drafted by a military divorce attorney
Many military divorces are resolved through written marital settlement agreements rather than trial, but those agreements must be drafted with DFAS and federal requirements in mind. A military divorce attorney who simply recycles civilian agreement templates may omit necessary definitions, fail to address post?retirement cost?of?living adjustments, or ignore survivorship issues, all of which can undermine the intended division.?
Well?crafted agreements specify the formula for allocating retired pay, address what happens if the service member elects disability pay that reduces disposable retired pay, and detail responsibilities for submitting DFAS forms and responding to administrative correspondence. When a military divorce attorney understands these details, agreements are more likely to be administered smoothly without subsequent litigation.?
Using authoritative resources when working with a military divorce attorney
Parties can supplement private counsel’s guidance by reviewing non?commercial resources such as DFAS, Military OneSource, and official SCRA explanations. For instance, DFAS publishes information on the USFSPA and application procedures for former spouses, while Military OneSource provides general overviews of rights and benefits available to divorced spouses in the military system.?
A military divorce attorney who routinely directs clients to these sources, including appropriate government pages like https://www.militaryonesource.mil/, demonstrates alignment with authoritative guidance and encourages informed participation in the process. This practice also supports transparency regarding what the court can order versus what federal entities are authorized to pay or administer.?
Recognizing when a military divorce attorney should collaborate with other professionals
Some cases require input from financial planners familiar with military benefits, mental?health professionals, or child?development specialists when complex parenting or property issues arise. A military divorce attorney who acknowledges the limits of legal advocacy and recommends appropriate experts can help structure more stable outcomes, particularly in high?conflict or high?asset military divorces.?
Collaborative work may include actuarial evaluations of retirement benefits, analysis of tax consequences of different division methods, or professional insights into deployment?related parenting schedules. When a military divorce attorney integrates such expertise, orders are more likely to reflect both legal and practical realities faced by service families.?
Parties who wish to explore more detailed discussions of military?specific family?law issues sometimes consult analyses prepared by an experienced military divorce attorney resource that addresses jurisdiction, retirement division, and child?custody concerns in depth at this professional military divorce practice page. Reviewing such materials can help individuals prepare focused questions before meeting with counsel and better understand how statutory rules apply to their circumstances.?
FAQ: military divorce attorney mistakes and key concerns
Q1: What is the biggest legal risk of hiring a general family lawyer instead of a dedicated military divorce attorney?
The primary risk in choosing a general practitioner rather than a focused military divorce attorney is exposure to orders that fail to comply with SCRA, USFSPA, or DFAS requirements, making them difficult or impossible to enforce. For example, a decree may divide retired pay using language DFAS cannot administer or may overlook SCRA protections, creating vulnerabilities to collateral attack or administrative rejection that a military?savvy lawyer would have anticipated.?
Q2: How should a military divorce attorney handle the “10/10 rule” when advising spouses about retirement division?
A well?informed military divorce attorney explains that the “10/10 rule” is a DFAS direct?payment condition, not a test of whether a court may award a share of retired pay as marital property. The attorney should clarify that even marriages of shorter duration overlapping service may warrant equitable division of retirement, while also outlining how payment will be structured if DFAS cannot pay the former spouse directly.?
Q3: In what ways can a military divorce attorney use SCRA stays without causing unnecessary delay?
An experienced military divorce attorney evaluates whether military duties materially affect a service member’s ability to appear and then seeks a stay only to the extent necessary, consistent with SCRA standards. At the same time, counsel can work with the court to address interim support or parenting issues where permissible, avoiding misuse of SCRA as a blanket barrier to all progress in the case.?
Q4: How does a military divorce attorney typically structure custody orders when future deployments are likely?
A thoughtful military divorce attorney drafts parenting plans that incorporate provisions for long?distance contact, virtual communication, and temporary schedule adjustments when deployment or training obligations arise. These orders often include clear notice requirements and mechanisms for revisiting arrangements if duty assignments change, consistent with state relocation statutes and the child’s best interests.?
Q5: What documents should a military divorce attorney review to accurately assess military pay and benefits in a divorce?
To evaluate income and benefits, a military divorce attorney generally examines the service member’s Leave and Earnings Statements, retirement estimates, and any documentation related to special or incentive pays, along with information about years of service and anticipated retirement date. These materials allow counsel to distinguish between basic pay, allowances, and other elements when calculating support and when determining the marital share of retired pay under state property?division rules.?
Q6: How can someone confirm that a prospective military divorce attorney understands DFAS and USFSPA requirements before hiring?
During an initial consultation, a prospective client can ask the military divorce attorney to describe, in general terms, the DFAS application process for former spouses and to explain how USFSPA authorizes state courts to divide disposable retired pay. Clear, specific answers about DFAS forms, the 10/10 direct?payment rule, and the distinction between retirement division and disability benefits suggest that the attorney has practical experience with military divorce administration.?
