To the brave men and women who serve our country: We see your sacrifice. We understand your dedication. And we know that sometimes life throws curveballs that even our nation’s heroes must face.
Even as you defend our freedom, life continues on the home front. Sometimes, that means facing difficult decisions about marriage and family. Military divorce brings unique challenges that most civilian couples never encounter. From frequent relocations to complex benefit rules, military families deal with extra layers of complexity during divorce.
Wisconsin has specific laws about military divorce. Don’t worry – we’ll walk you through everything you need to know. Let’s break down the key parts of military divorce in Wisconsin.
Residency and Jurisdiction in Military Divorce
Military families know all about moving! It seems like you’re barely unpacked before it’s time to pack up again for the next assignment. All that moving can make divorce jurisdiction tricky.
Let’s say you maintain a Wisconsin home, but you’re currently stationed in Texas. These situations create unique jurisdictional questions that need careful consideration. The good news is that you might still be able to file in Wisconsin if you maintain Wisconsin residency. It depends on your specific situation.
Here’s what you need to know about filing for divorce in Wisconsin: You don’t need to claim Wisconsin as your permanent home. But you do need to live here for 6 months before filing. You’ll also need to live in the specific county where you file for at least 30 days.
If you’ve been served divorce papers and need more time to wrap your head around it all, you’re in luck. The Servicemembers Civil Relief Act protects you if you’re deployed. You can put divorce proceedings on hold until you return from active duty. This ensures you can fully participate in important decisions about your future.
Division of Military Benefits
The government provides service members and their families with valuable benefits. These include healthcare, pensions, and survivor benefits. You might think dividing these benefits in a Wisconsin divorce would be straightforward. But it’s actually quite complex!
Take military retirement pay, for example. Unlike a civilian pension, military retirement involves unique rules and calculations. The same goes for medical benefits, commissary privileges, and other military-specific perks. Understanding how these benefits can be divided helps you make informed decisions during settlement negotiations.
The Uniformed Services Former Spouses’ Protection Act (USFSPA)
The USFSPA helps protect former spouses of service members after divorce. But it doesn’t guarantee anything. Instead, it lets state courts decide how to divide military benefits fairly.
The 20/20/20 rule determines many benefit rights after divorce. When the service member completed 20 years of service, the marriage lasted 20 years, and the marriage and service overlapped for 20 years, the former spouse kept substantial benefits. These include commissary privileges, exchange privileges, and complete medical benefits. It’s like maintaining the same military family benefits you had during marriage.
There’s also a 20/20/15 rule. This means the marriage and service overlapped for 15 years instead of 20. These spouses get full medical benefits for one year. After that, they can buy a DoD health policy.
Remember: These benefits stop if the former spouse remarries. This is a crucial detail that affects long-term financial planning.
The 10/10 Rule
This rule is simpler but often misunderstood. If you were married for 10 years while your spouse served 10 years, you might get payments directly from the Defense Finance and Accounting Service (DFAS). But here’s the key: This rule only controls where your payments come from. It doesn’t affect whether you’re entitled to retirement pay. That’s up to the state court to decide.
Child Custody and Visitation
Let’s face it – child custody gets complicated when one parent might deploy or move across the country. Wisconsin courts use something called a “parenting plan” to spell out custody and visitation rights. This plan becomes even more crucial in military divorces because it needs to account for deployment, training periods, and potential relocations.
However, don’t assume that military service hurts your chances for custody. Courts are not allowed to deny you custody just because you serve. They focus on what’s best for the child. Joint custody is usually preferred unless there’s a history of problems. Courts understand the value of having both parents involved in a child’s life, even when one parent serves in the military.
About the Uniform Deployed Parents Custody and Visitation Act
Wisconsin passed the UDPCV law in March 2022. It helps military parents plan for deployment. You can arrange for a family member or stepparent to temporarily care for your kids while you’re away. For example, the children can stay with their grandparents during deployment.
Your temporary custody agreement should be detailed and precise. Everyone involved needs to agree and sign off. Your agreement should cover how you’ll stay in touch with your kids while deployed. Phone calls? Video chats? How often? Get it in writing!
Child Support and Spousal Maintenance
For most matters, military divorces are no different than civilian ones. As such, they will also include child support and spousal maintenance. Wisconsin has standard guidelines based on income and placement time. Military pay, including housing allowances and special duty pay, counts toward your income.
Spousal support works similarly. The court considers factors like:
- How long the marriage lasted
- Each person’s earning capacity
- Standard of living during marriage
- Whether one spouse stayed home with kids
Finally, note that combined support payments can’t exceed 60% of a service member’s pay.
The Servicemembers Civil Relief Act (SCRA)
We mentioned the SCRA earlier, but it deserves a closer look. In short, this act protects active duty service members in legal proceedings. This includes members of the Army, Marine Corps, Navy, Air Force, and Coast Guard. It also covers Reserve members on active duty, National Guard members on federal orders over 30 days, and active duty officers in the Public Health Service or NOAA.
Beyond divorce, the SCRA offers robust protections. For example, it can reduce pre-service loan interest to 6%. It also prevents default judgments while you’re deployed. You get time to return and properly defend your case. These protections ensure your military service won’t disadvantage you in legal matters.
In the case of a Wisconsin divorce, you have time to prepare your case and protect your assets, rights, and freedom.
The Role of a Military Divorce Attorney
Military divorce involves extra layers of federal law on top of state requirements. That’s why working with a family law attorney who knows military divorce makes such a difference. They understand how state and federal laws interact and how to protect your rights under both systems.
A good military divorce attorney helps you navigate complex federal and state laws, protect your rights under SCRA and USFSPA, negotiate fair settlements, and present your case effectively in court. They know which benefits can be divided and how to structure agreements that comply with military regulations.
Your family law attorney should understand military culture and lifestyle. They should know about deployment schedules, PCS moves, and how military benefits work. This knowledge helps them craft practical solutions that work for military families.
Conclusion
Our service members protect American families every day. When their own families face challenges, they deserve support and protection. Military divorce brings unique complications, but understanding your rights is the first step toward a fair resolution.
Need help with your military divorce? Our team at Vanden Heuvel & Dineen understands the unique challenges you face. We’ve helped many service members and their spouses navigate this process successfully.
Contact us today for a free consultation.
Helpful Resources
Wisconsin State Bar: www.wisbar.org
Military OneSource: www.militaryonesource.mil
SCRA Website: scra.dmdc.osd.mil
