Military Divorce Attorney – Annapolis & Baltimore Maryland
If you or your spouse is a member of the military and seeking a divorce in Maryland, we can help.
Rodriguez-Nanney, P.A. is located in the heart of Annapolis, home to the United States Naval Academy, and as a result, our attorneys know that service members and non-military spouses pursuing a divorce face a unique set of challenges. Divorce can be a difficult process, and it is especially complicated when one or both of the spouses are service members.
The Rodriguez-Nanney Law Firm in Annapolis provides legal services to active military families who are facing divorce proceedings and reside in Maryland. Our attorneys are experienced in representing both service members and non-military spouses and can help you navigate through the division of property, where to file for divorce, military retirement and disability pay, child custody, and child support.
Local Maryland communities we serve
We are located in Annapolis, Maryland but serve clients throughout the state of Maryland. We serve the following communities in the Annapolis-Baltimore area:
- Severna Park
Protection from Maryland Proceedings
Military divorce in Maryland has several different and unique concerns compared to a regular civilian 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.
- Typical divorce filings require that you or your spouse must reside in Maryland.
- You or your spouse must be stationed in Maryland.
- 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 Rodriguez-Nanney, P.A.
If you or your spouse is considering a military divorce in Maryland, contact the Rodriguez-Nanney Law Firm in Annapolis today. Just complete the form on this page and one of our staff members will contact you – or simply call (410) 268-5070 today.