Divorce is rarely simple, but when one or both spouses are serving in the military, the process comes with added legal and logistical challenges. Tennessee families navigating a military divorce must consider specific federal and state laws that affect timelines, benefits, custody, and property division. At the Law Offices of Crystal Etue, PLLC, we assist Tennessee service members, veterans, and their spouses through these unique situations with care and clarity.

Servicemembers Civil Relief Act (SCRA)

One key legal protection is the Servicemembers Civil Relief Act (SCRA). This federal law allows active-duty military members to delay divorce proceedings while deployed or otherwise unavailable due to service obligations. If your spouse is actively serving, you may need to account for these delays in your legal strategy.

Jurisdiction and Filing Requirements

Military families often move frequently, which can make it hard to determine where to file for divorce. In Tennessee, you can typically file if either spouse is a legal resident or stationed in the state. Determining proper jurisdiction is critical for the court to have authority over divorce matters, including custody and property division.

Child Custody and Parenting Time

Deployment and frequent relocations can complicate custody decisions. Tennessee courts prioritize the best interests of the child, while also recognizing the challenges of military service. Judges may issue temporary custody modifications during deployments and include provisions to restore parenting time when service members return.

Dividing Military Pensions and Benefits

Military pensions are considered marital property and may be divided in a Tennessee divorce. However, federal law—specifically the Uniformed Services Former Spouses’ Protection Act (USFSPA)—regulates how pensions can be divided. Additionally, spouses married for at least 10 years overlapping with 10 years of service may be eligible to receive retirement pay directly from the Defense Finance and Accounting Service (DFAS).

Other benefits, like health care and commissary privileges, depend on the length of the marriage and service. It’s crucial to understand which benefits a former spouse can keep post-divorce.

Child and Spousal Support Enforcement

Military members are required to support their dependents. If a court order for child support or alimony is in place, the military can enforce it by garnishing wages or taking disciplinary action for non-compliance.

Legal Guidance for Military Families in Tennessee

Whether you are a service member or married to one, military divorce requires careful attention to overlapping state and federal laws. At the Law Offices of Crystal Etue, PLLC, we are dedicated to helping Tennessee clients navigate the unique challenges of military divorce, protect their rights, and plan for the future.