The Law Firm of Annapolis
If you or your spouse is a member of the military and seeking a divorce in Maryland, we can help. The Law Firm of Annapolis provides legal services to active military families who are facing divorce proceedings and reside in Maryland.
Local Maryland communities we serve
The Law Firm is located in Annapolis, Maryland but practices in all Maryland court systems, and serves clients throughout the state including Annapolis, Baltimore as well as the following communities:
- Arnold
- Severna Park
- Crownsville
- Davidsonville
- Crofton
- Gambrills
- Odenton
- Pasadena
- Edgewater
- Anne Arundel County
Protection from Maryland Proceedings
Military divorce in Maryland has several different and unique concerns compared to a regular civilian uncontested divorce. Specific state and federal laws and rules apply:
- Active duty members of the military cannot be held in default from failing to respond to divorce action. The federal government enacted these laws to make sure than active military are protected from being divorced without know about it.
- Under The Soldiers and Sailors Civil Relief Act, divorce proceedings may be postponed for the time of active service of a member of the military and for up to 60 days afterwards. This is also up to the discretion of local Maryland courts. This protects military members, especially in time of war. However, if the active member desires a divorce he or she can waive this right if so chosen.
Serving an Active Military Spouse
For a Maryland court to have jurisdiction over the military member, the active duty spouse must be served personally with a summons and with copies of the divorce action. The active duty member can waive the right to being served in an uncontested divorce if they have signed and filed a waiver affidavit, thus acknowledging the divorce action.
Residency
- Typical divorce filings require that you or your spouse must reside in Maryland.
- You or your spouse must be stationed in Maryland.
Grounds
- Grounds for a military divorce are the same as for a civilian divorce.
Division of Property
Normal Maryland property division laws apply to the divorce. However, the federal government has enacted laws under the Uniformed Services Former Spouses’ Protection Act (USFSPA) that determines how military retirement benefits are calculated and divided in the case of divorce. This act (USFSPA) governs the payments of a portion of the military retirement benefit to the divorced spouse. No benefits will be made under federal law unless the spouse was married at least 10 years or longer while the active duty spouse was in the military.
Spousal and Child Support
In the state of Maryland, spousal and child support cannot exceed 60% of a military spouse’s pay and allowances. Normal Maryland guidelines, schedules, and worksheets are used to determine the correct child support to be paid.
Contact the Law Firm of Annapolis for a Free Consultation
If you or your spouse is considering a military divorce in Maryland, contact the Law Firm of Annapolis today for a free consultation. Just complete the form on this page and one of our staff members will contact you – or simply call (410) 268-5070 today.