Experienced South Carolina Military Divorce Attorneys
Columbia Military Divorce and Divorce Arbitration Lawyers
The Midlands of South Carolina, are home to a number of military installations, including Fort Jackson and Shaw Air Force Base. Many serving in the military marry, have children and buy property in the area. When an active duty or retired military service member decides to divorce, his or her military pension and other benefits are subject to division, like retirement accounts and other assets in a civilian divorce.
It is important to have a frank discussion with an experienced military divorce attorney as early in the process as possible. To protect your rights in a military divorce, contact the Law Office of Richard J. Breibart, LLC, in Lexington, South Carolina. We have helped many service members and non-military spouses pursue a military divorce. The lawyers at our firm are familiar with the many acronyms so prevalent in the military, and understand the need to preserve retirement assets for the future.
Pursuing Divorce in South Carolina
South Carolina divorce law is unique in that you must have grounds for divorce, including desertion, adultery or cruelty. It is possible to qualify for divorce by separating continuously for one year, and maintaining separate residences. During this time the judge may order temporary custody and support..
Our attorneys can help you deal with these requirements, and look out for your interests in a military divorce.
Dividing Assets in a Military Divorce
Property division in South Carolina is equitable, that is, fair and just, though not necessarily 50-50. The court considers the financial situation of both spouses after the divorce in dividing the marital estate, which may include the family home, credit card debt and most importantly, retirement accounts.
Many spouses wrongly believe that they are entitled to nothing, unless the service member spouse is retired at the time of the divorce. Not true. Military pensions are divided like any other asset, regardless of the length of the marriage. If you are the non-military spouse, you may be entitled to a portion of the military pension's value earned during the marriage.
If the marriage lasted more than 10 years, the Defense Finance and Accounting Service, or DFAS, distributes the spouse's share of the asset. If the marriage lasted fewer than 10 years, the military service spouse typically pays the non-military spouse directly.
We understand that many service spouses do not wish to divide the military pension and may trade off interest in other assets.
A military pension is a very valuable asset, and the attorneys at the Law Office of Richard J. Breibart, LLC, do all we can to protect the rights of the service member or the service member spouse. We have deep knowledge of the Uniformed Services Former Spouses' Protection Act, or USFSPA, which allows division of military pensions, and protect the rights of non-military spouses pursuing a divorce with pension.
Child Custody Issues in Military Divorce
Child custody and visitation in military divorce is often challenging. We have successfully represented many clients in child custody relocation issues across many jurisdictions and in many different states. If the service member is deployed overseas, our lawyers can draft guardianships to ensure continuity of care.
Consult the Law Office of Richard J. Breibart, LLC
Our attorneys provide free, in-person consultation, and we are available by appointment in the early mornings, evenings and weekends for your convenience. Call us locally at 803-753-1834 or toll-free at 866-645-8743, or send us an e-mail for a prompt response.
