Rochester Military Divorce Lawyer

At Kohlmeyer Hagen, Law Office Chtd., our Rochester military divorce lawyer is a skilled, experienced, and solutions-first advocate for clients. With an understanding of how challenging a divorce can be for military families, our legal team provides personalized legal representation every step of the way. If you or your loved one is preparing for a military divorce, we are more than ready to help. For a completely private, no-strings attached case review with a top experienced military divorce attorney, please do not hesitate to contact our Rochester law office today.

You should not have to handle a divorce case without the help of an experienced and compassionate Rochester, MN divorce attorney. A lawyer at Kohlmeyer Hagen can discuss your case with you today.

Background: Military Divorce Shares Key Commonalities With Civilian Divorce

To begin with, it is crucial to underscore that military and civilian divorces share a number of different similarities. Indeed, the overarching rules and procedures that pertain to civilian divorces in Minnesota are equally applicable to military ones. Here are some of the key ways in which military and civilian divorces resemble each other:

• No-Fault Divorce: Minnesota operates under a no-fault divorce system. What does this mean for you? Fault is no longer a pertinent legal factor in divorce filings in our state. All Minnesota divorces—including those involving active duty military personnel and U.S. military veterans—are finalized on the no-fault basis that the marriage is “irretrievably broken.” The divorce proceedings will concentrate on matters other than fault. 
• Equitable Property Distribution: In Minnesota, the division of marital property and debts during a divorce is determined by what the court deems “just and equitable.” In other words, courts require a “fair” allocation of property. Though, that does not always result in a 50-50 split of assets. Military divorces in Minnesota are subject to this very same equitable (fair) property distribution standard. If you have concerns regarding property division in a divorce, our Rochester military divorce attorneys are available to assist.
• Child’s Best Interests (Custody & Visitation): If you or your spouse serves or has served in the military and you have minor children, custody/visitation will be a key consideration in your divorce proceedings. Your parental rights matter. In Minnesota, disputes over child custody and visitation are resolved under the state’s best interests of the child policy. The child’s well-being will dictate the custody and visitation rights granted to the parents. Importantly, this standard applies to military divorces as well. If you require specific information about custody or visitation, call our Rochester divorce lawyer today. 

There are Also Important Differences Between Military Divorce and Civilian Divorce

Although military divorces exhibit several major similarities with civilian divorces, there are some notable differences as well. If you or your spouse is an active duty service member or military veteran in the Rochester area, understanding the distinct laws governing military divorce is essential to protect your rights. Here are some key ways military divorces differ from civilian divorces in Minnesota:

• Less Stringent Residency Requirements: In Minnesota, at least one spouse must have resided in the state for a minimum of six months (180 days) to file for divorce—at least that is the rule for civilian divorces. An exception exists for active military families. If you or your spouse is stationed at a military base in Minnesota, you can file for divorce immediately, even if you do not technically fulfill the state’s general residency requirements.
• Federal Law Can Postpone a Divorce Involving an Active Duty Service Member: The Servicemembers Civil Relief Act of 2003 (SCRA) entitles active duty military personnel to additional protections concerning specific civil legal issues, such as divorce filings and other family law matters. Consequently, the SCRA may cause a divorce petition against a deployed service member to be deferred until their return. 
• Distinct Property Division Rules May Apply to Military Members: As mentioned earlier, Minnesota adheres to an equitable distribution principle for divorce. However, specialized rules and regulations affect the division of military benefits. Federal law comes into play. The Uniformed Services Former Spouses’ Protection Act (USFSPA) may influence the allocation of military pensions during a divorce. Our Rochester military divorce specialists can examine a Leave and Earnings Statement (LES), military pension, and all other financial documents and records for property division purposes

We Handle All Types of Family Law Issues in Military Divorce in Rochester

Getting a military divorce in Rochester is about a lot more than filing some paperwork. You need to ensure that all of your family law issues are fully resolved, so that you are in the best position for the future. Our Rochester, MN military divorce lawyers provide truly comprehensive family law representation. We are ready to help you with all aspects of your military divorce, including: 

• Filing for a military divorce; 
• Responding to divorce papers from your spouse; 
• Property distribution;  
• Military retirement benefits division;
• Debt division;
• Spousal support (alimony);
• Child custody; 
• Child visitation; and
• Child support. 

Why Rely On the Rochester, MN Military Divorce Attorneys at Kohlmeyer Hagen

Military divorce is complicated. Whether you are an active duty military member, a military veteran, or a military spouse, it is normal to have a lot of questions and concerns about your rights and your options. At Kohlmeyer Hagen, Law Office Chtd., we know military divorce law. When you contact our Rochester office, you can speak to a Minnesota military divorce lawyer who can: 

• Conduct a detailed-focused review and evaluation of your military divorce case; 
• Answer your questions and explain the military divorce process;
• Investigate the matter, gathering and organizing relevant evidence/information;  
• Represent you in any settlement talks with your spouse; and
• Take action to help you get the best outcome in your military divorce in Minnesota. 

Contact Our Rochester Military Divorce Lawyers Today

At Kohlmeyer Hagen, Law Office Chtd., our Rochester military divorce attorneys are skilled, experienced, and compassionate legal advocates. If you are a military member or military spouse going through a divorce, our legal team is here to help. Contact us at 507-625-5000 to set up your fully confidential initial appointment. We provide military divorce representation in Rochester, Olmsted County, and throughout Southern Minnesota.