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Frequently Asked Questions About Divorce for Military Persons in Tennessee

Divorce can be a complicated process. It touches on many aspects of our lives, from financial implications to issues concerning child custody. For those serving in the United States military seeking a divorce, this process can be even more challenging. Divorce for military persons can have a few different rules, and this raises some questions about the process. Divorce and family law attorney Judy A. Oxford answers some of the most frequently asked questions about divorce for military persons in Tennessee.

FAQ: Is the process for filing for divorce in Tennessee different for a military person than for a non-military person?

The process of actually filing for a divorce is the same for everyone. However, initially deciding where to file can be different for a military person. This is because those in the military may not reside in their state of legal residence due to deployments and base transfers, and therefore the subject of jurisdiction for the divorce is an issue to be considered before filing. Further, federal law can have an impact on division of assets. Payment of child support and alimony may also be impacted.

Jurisdiction in divorce follows special rules. Service members and their spouses have these options for where they may file: the state where the defending spouse lives (and that may be where a military spouse is based), or the state where the defending spouse claims legal residency. The decision regarding where to file is important – that state’s laws apply to child custody, alimony, child support, property distribution, and other matters (and federal also applies as stated above).

FAQ: I am going to be transferred to another military base. What happens to my child custody arrangements?

State laws dictate child custody arrangements in a divorce. In Tennessee, a parent with a parenting plan will have to give notice of relocation pursuant to the state statute. The other provisions of the state statute will apply. However, if the military person is being deployed, Tennessee’s Uniform Deployed Parents Custody and Visitation Act will apply, so the rules will be a little different.

FAQ: Do I need a special divorce attorney to file for a divorce if one of us is in the military?

Divorces involving military persons do not require representation by a special attorney; a divorce attorney that is licensed to practice in Tennessee may handle your divorce. However, because divorce involving a military person is subject to both federal laws and state laws, and special circumstances apply, it is in your best interests to select a qualified divorce attorney who has experience handling divorces involving military persons.

Experience, personal attention, and dedication to your case

I am divorce attorney Judy A. Oxford, and have been practicing law for more than 30 years. I am dedicated to serving the individual needs of each and every client and handle every divorce personally. I am compassionate, knowledgeable, and understanding of the unique challenges inherent in a divorce involving military persons, I keep you informed every step of the way, working with you to try to reach the most favorable outcome in your situation. To schedule a confidential consultation, contact my office at 615-791-8511 or contact me online