Assisting Service Members And Their Spouses During A Divorce
When differences over division of military retirement benefits, military pensions and proposed child custody arrangements delay your “divorce while deployed,” the military divorce attorney who brings compassion, dedication and experience to the positive outcome you need is our firm’s founder, Lily Debrah Cruickshank, in Oklahoma City.
At Lily Debrah Cruickshank & Associates, PLLC, you receive guidance through the legal system that bears our lawyer’s signature personal touch. Wherever your case takes you, you can have full confidence in Ms. Cruickshank’s almost 15 years of experience as a divorce and family law attorney and her demonstrated ability to protect your rights.
Dividing Assets And Benefits While Protecting Your Rights
Lily Debrah Cruickshank is well aware of the importance of division of military assets during a military divorce – and that a marriage must have lasted at least 15 years for those benefits to be honored. She can make solid recommendations for the use of a QDRO to separate retirement benefits, and she will employ any other creative strategy that would advance your goals.
Personalized Service And Compassionate Guidance
Whether your spouse is stationed in the U.S. or abroad, or you are the military member filing for divorce from your base or post, our law firm prides itself on individualized attention tailored to your specific issues. Look to our firm for the inspiring support you need at a trying time in your life. Whether your military divorce is uncontested or contested, your interests – and those of your children – will be thoroughly safeguarded.
Frequently Asked Questions About Military Divorce
Military divorces are often more complicated than civilian divorces. There are many unique laws to take into consideration before settling a military divorce, and you may naturally have questions, such as:
Do service members gain legal protection during a divorce?
Military spouses are entitled to certain protections under the Servicemembers Civil Relief Act (SCRA). This may include a “stay” of proceedings if their military duties make it impossible for them to attend court proceedings and protect against default judgments while they are on active duty and unable to respond to a petition by their nonmilitary spouse. The SCRA also offers flexibility of jurisdiction for family legal matters and rules about how retirement pay may be divided.
What is the difference between a military divorce and a civilian divorce in Oklahoma?
A military divorce and a civilian divorce are similar in many ways. In both cases, many decisions have to be made regarding how benefits, property and debts are to be divided. Issues of child custody and support must also be settled.
However, a military divorce is governed by the Uniformed Services Former Spouses Protection Act (USFSPA), which provides specific rules for handling property debt, pensions, and retirement benefits. In addition, a military divorce may be complicated due to the servicemember’s active duty status, the SCRA protections, and the issue of jurisdiction.
An experienced military divorce lawyer can help you understand what to expect in your case.
My spouse is currently deployed. Can I still file for a divorce?
In some cases, it is possible to file for a divorce while a spouse is on active duty. However, the SCRA can protect military spouses from divorce proceedings while they are deployed. A military spouse can request a 90-day “stay,” which temporarily halts the divorce proceeding until the spouse is available – and the stays are not necessarily limited in number.
Are military retirement benefits divided during the divorce distribution process?
The Uniformed Services Former Spouses’ Protection Act (USFSPA) treats military retirement pay as a marital asset, but it does not automatically give a former spouse the right to any portion of that pay. What a nonmilitary spouse may receive will depend on what the couple can negotiate or what the court considers equitable or fair.
Get Knowledgeable Military Divorce Counsel Today
Contact us: Arrange an initial consultation by calling locally to 405-694-4309 or toll-free at 866-383-1814. If you prefer to send an email, your message will receive our prompt attention. Virtual appointments are available upon request.