red phone icon
Call Us Today 507 625 5000

Rochester Military Divorce Lawyer

practice areas image

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.


This law firm is very experienced, very effective, and yet very personable when interacting with me throughout my nerve-wracking legal process. I’m completely satisfied with the outcome of my case. I would hire the Kohlmeyer Hagen Law Office again without hesitation. And, I have since recommended them to several friends and acquaintances.

Awards & Recognitions

best law firms trust symbol logo
ABA trust symbol logo
avvo trust symbol logo
superlawyers trust symbol logo
minnesota law magazine trust symbol logo
NITA trust symbol logo
Super Lawyers trust symbol logo
Criminal Defense Lawyer trust symbol logo
MSBA trust symbol logo
fellows american bar association trust symbol logo
Justice trust symbol logo
national trial lawyers trust symbol logo

Frequently Asked Questions

About Military Divorce in Rochester, MN

Is Military Divorce Handled Under Federal Law or State Law?

Military divorces in Minnesota are primarily governed by state law, just the same as a civilian divorce. That being said, federal law may also apply to a military divorce. For example, the Uniformed Services Former Spouses’ Protection Act (USFSPA) is a federal law that addresses the division of military retirement benefits. It is crucial that you consult with a Rochester divorce attorney experienced in military divorce to navigate the complexities of both federal and state laws.

Will Military Benefits Be Divided as Part of the Divorce Process?

They can be. Military benefits—most notably as retirement pay—may be divided during the divorce process. The USFSPA allows state courts to treat military retirement pay as marital property, subject to division in accordance with state law. Other benefits, like the Survivor Benefit Plan (SBP), might also be considered as marital property. These are complicated issues and the division of military benefits will always depend on a wide range of case-specific factors. 

Can Benefits such as Healthcare and Commissary Be retained By a Non-Military Spouse?

Yes—but only in certain circumstances. Whether a non-military spouse will be able to retain certain benefits following a military divorce depends on several factors, including the length of the marriage, the service member’s time in the military, and the overlap of the two. Under the 20/20/20 rule, non-military spouses can retain full benefits, including healthcare and commissary privileges, if they meet specific criteria. Our Rochester military divorce lawyers can help with these issues. 

Does a Military Divorce Take Longer than Other Divorces?

It could, but it certainly does not always have to be that way. A military divorce may take longer than a civilian divorce due to unique factors, such as deployment, military duties, or jurisdictional issues which can make things more complicated. Notably, a federal law called the Servicemembers Civil Relief Act (SCRA) allows for a pause in divorce proceedings in cases involving an actively deployed military member. Still, not all military divorces take longer. 

Will My Military Divorce Go Trial?

It could, but most military divorces do not go to trial. Whether a military divorce goes to trial depends on the couple’s ability to reach agreements on key issues, such as property division, child custody, and support. As with civilian divorces in Minnesota, most military divorces in Rochester are uncontested divorces. If you have questions about contested divorce or uncontested divorce, our Rochester military divorce lawyers are more than ready to help. 

Is Mediation a Good Option for a Military Divorce in Rochester?

Mediation can be an effective option for military divorces in Rochester. It is a non-adversarial process that encourages communication and cooperation between the parties. It can help couples address unique military-related issues, like benefits division and child custody arrangements. Mediation can save time and money compared to litigation, while also preserving privacy and allowing for more control over the outcome. Contact our Rochester military divorce lawyers to learn more about mediation. 

Don’t wait to contact us | 507.625.5000

Contact us as soon as possible. The sooner you call us and get us on the case, the more time we wil have to prepare your defense. Even if you are not sure you want to hire us, call us and talk with one of our Rochester Military Divorce attorneys. We offer a complimentary, no-obligation consultation. Talk to us and see what we can do for you.