Military Divorce in Maryland: What Service Members and Spouses Need to Know

It’s rare for any divorce to be easy, but if you and/or your spouse are in the military, there are added intricacies you’ll have to work out when filing, setting up custody, and determining support. Maryland has a large military population, with Navy, Army, and Air Force bases throughout the state. As such, it’s common to see families moving in and out of state due to changes in station orders or deployments. In a divorce proceeding, these issues can affect filing deadlines, child custody agreements, and future financial decisions.

The best course of action for military families facing divorce is to get an understanding of Maryland divorce law so that clear expectations can be set. With better understanding and expectations, there will be fewer surprises and hopefully, less stress during the process.

Jurisdiction and residency issues

To file for divorce in Maryland, at least one spouse must be domiciled in the state. If the grounds for divorce occurred outside Maryland, one spouse must have lived in Maryland for at least six months before filing. This can be particularly challenging if one or both spouses are stationed in Maryland but reside elsewhere. Establishing residency can typically be done by providing evidence of:

• Where your actual residence is located
• Where you pay taxes
• The state that has issued your driver’s license
• Where you vote
• Where you receive mail

However, just because you are currently receiving mail in the state or have a temporary home there does not necessarily prove intent to remain in the state, which is another consideration the court will make. For military members on short orders, this can be problematic.

Civilian spouses may also wonder where to file if the service member is deployed or currently stationed out of state. Each situation is determined on an individual basis and requires the filing party to bear the burden of proof of residency.

The Servicemembers Civil Relief Act

The Servicemembers Civil Relief Act (SCRA) protects service members who are deployed, living out of state, or otherwise obligated to be on the job and away from the jurisdiction where their divorce proceedings are being filed from unfair treatment. For example, if a service member is deployed and cannot attend court hearings, they may be granted a stay.

These delays, while necessary, can be frustrating to civilian spouses. Preparing for delays and understanding how the SCRA protects service members can help both spouses plan accordingly.

Child custody and parenting time

In divorce proceedings, who will have custody of the children often causes the most emotionally charged disagreements. This can be especially true for families with service members who may be deployed, working irregular training hours, or facing station reassignments. Maryland courts remain focused on making decisions that protect the children’s stability and well-being.

Importantly, a parent’s military service is not grounds to deny custody or parenting time. However, the court will take into consideration how the parents’ military obligations affect their child’s daily routine, schooling, and their ability to maintain a close relationship. Parents are usually expected to provide detailed parenting plans that outline how they plan to care for their children and balance their work/life schedules.

Maryland law allows courts to issue temporary custody modifications during a service member’s deployment. When the deployment ends, courts often restore the prior custody arrangement unless doing so would not be in the child’s best interests.

Relocation, PCS orders, and custody conflicts

Permanent Change of Station (PCS) orders and relocations can throw a wrench in divorce and custody proceedings. Orders may require families to make decisions quickly, causing legal disputes about parenting time and custody. As with any relocation issue, the court will consider the relationship the child has with both parents and how a relocation would materially change the child’s life.

Service members may still need to seek court approval to relocate with a child, even if their relocation is required by military order. Courts generally expect advance notice and a realistic plan of how the parent plans to care for the child and how it would benefit the child to move with them.

For civilian spouses, the thought of a possible relocation or PCS can be frightening. With careful planning and clear communication, these situations can be less stressful and more focused on making the best decision for the children involved.

Military pay, benefits, and child support

Child support in a military divorce case is calculated using Maryland’s standard guidelines. Determining the division of benefits can be a little more challenging. Division of pay is straightforward, but housing allowances and special duty pay will also have to be factored into these calculations.

Surprisingly, a court order determining benefits does not automatically guarantee payments from the Defense Finance and Accounting Service (DFAS). The DFAS has its own requirements for former spouses receiving payments that must be met prior to disbursing funds.

In terms of pensions, Maryland courts may order a portion of the pension paid to the former spouse even if the direct payment threshold has not been met. These situations are determined on a case-by-case basis and require experienced legal guidance to avoid mistakes.

Spousal support

Alimony determinations are made in military divorce cases the same way they are in civilian cases. Military pay structures may make calculations a little more complicated, but the same guiding principles are used when determining how much alimony will be paid. The length of the marriage, both parties’ earning capacities, and the standard of living established during the marriage are core factors that determine how much alimony will be paid.

Legal guidance for military families

Military divorces may involve multiple jurisdictions and challenges that civilian divorces don’t face. Having experienced legal guidance from the start can help military families plan for their futures and avoid stressful situations regarding filing, custody, and support. At McCabe Russell Divorce and Child Custody Lawyers, we’ve helped numerous military families with their divorce and custody cases.

We work closely with service members and their spouses to address concerns about location, long-term planning, and financial decisions that must be made. Military divorces do not have to be confusing or overly stressful, and our team of compassionate attorneys aims to help families move forward with a clear understanding of Maryland divorce law so they can remain confident throughout the process.

Contact our office today to find out how we can help you.