Southern Minnesota Military Divorce
Military Divorce Representation from Attorneys With Real Military Experience
At Kohlmeyer Hagen, Law Office Chtd., our Southern Minnesota military divorce attorney is a skilled, knowledgeable, and trustworthy advocate for clients. With our firm, you will get military divorce representation from a lawyer who has actual military experience. If you are preparing for a military divorce, we are here to help. To set up a completely confidential consultation with a Southern Minnesota military divorce lawyer, please do not hesitate to contact us today.
An Overview of Military Divorce in Minnesota
How Military Divorces are Similar to Civilian Divorce
As a starting point, it is important to emphasize that military divorces share many important commonalities with civilian divorces. In fact, the same general rules and processes that apply to a civilian divorce in Minnesota also apply to a military divorce. Here are some of the most notable ways in which a military divorce is similar to a civilian divorce:
- No-Fault Divorce: Minnesota is a no-fault divorce state. Fault is no longer a relevant legal issue in a divorce filing in our state. All divorces in Minnesota—including military divorces—are finalized on the no-fault grounds that the couple’s marriage is “irretrievably broken.” The divorce process itself will be focused on other matters besides fault. Neither spouse in a military divorce in Minnesota is required to prove wrongdoing by the other.
- Equitable Property Distribution: In Minnesota, a divorcing couple’s marital property and marital debts will be split up in a manner that is determined to be “just and equitable” by the court. An equitable distribution can be thought of as a “fair” distribution. It is not always a 50-50 split of the assets. Military divorces in Minnesota are subject to equitable property division. If you have any questions about splitting property in a divorce, our Southern Minnesota military divorce lawyer is here to help.
- Best Interests of the Child: If you or your spouse is a military member or military veteran and you have minor children, then custody/visitation will be an issue in your divorce case. In Minnesota, child custody and child visitation disputes are resolved under the state’s best interests of the child policy. What is best for the child will determine the custody and visitation rights of the parents. Notably, military divorces are subject to this standard. If you have specific questions about custody or visitation, contact our Southern Minnesota military divorce attorney for immediate assistance.
How Military Divorces are Different to a Civilian Divorce
While military divorces share some very important commonalities with civilian divorces, there are also some important differences as well. If you or your spouse is an active duty military service member or a military veteran, it is crucial that you understand how the unique laws that apply to military divorce could affect your rights. Here are some of the key ways in which military divorces are different in Minnesota:
- The Residency Requirement is Not as Strict: To get a divorce in Minnesota, at least one member of a couple has to have resided within the state for a minimum of six months (180 days). However, there is an exception for active military families. If you or your partner is stationed at a military base in Minnesota, you may file for divorce right away even if you technically do not meet Minnesota’s general residency requirements.
- Federal Law May Delay a Divorce Against an Active Duty Service Member: Under the Servicemembers Civil Relief Act of 2003 (SCRA), military members who are on active duty deployment are entitled to additional protections in regards to certain civil legal matters—including divorce filings and other family law filings. The SCRA may lead to a divorce petition against a deployed military member being delayed until they return.
- Military Divorce is Subject to Unique Property Division Rules: As noted previously, Minnesota is an equitable distribution state for divorce, including military divorce. However, there are some specialized rules and regulations in place that affect the division of military benefits. A federal statute known as the Uniformed Services Former Spouses’ Protection Act (USFSPA) could have implications for the division of a military pension in a divorce. Our Southern Minnesota family law team can review a Leave and Earnings Statement (LES), military pension, and all other financial documents and records for the purposes of property division.
We Provide Comprehensive, Future-Focused Military Divorce Representation
With an emphasis on helping our clients find low-conflict, cost-effective solutions, our Southern Minnesota family law attorneys provide comprehensive legal representation in military divorce cases. We are prepared to help you navigate all matters related to your marital separation. A non-exhaustive list of family law issues that our attorneys can help with includes:
- Filing for divorce;
- Responding to divorce papers;
- Property division;
- Debt division;
- Military pensions;
- Spousal support (alimony);
- Child custody;
- Child visitation; and
- Child support.
Why Choose Kohlmeyer Hagen for a Military Divorce in Southern Minnesota
Divorce is complicated—especially for military families. At Kohlmeyer Hagen, Law Office Chtd., we have a deep understanding of the unique challenges that come with military divorce. Our founding partner Jason Kohlmeyer has handled many military divorce cases and is himself a former military member. We are prepared to take a proactive and pragmatic approach. Among other things, our Southern Minnesota military divorce lawyer will:
- Conduct a comprehensive review and evaluation of your military divorce case;
- Gather all of the documents, records, and information needed for military divorce;
- Take care of all of the military divorce paperwork;
- Advocate for you in any divorce & family law settlement negotiations; and
- Develop a personalized strategy to secure the best outcome for your military divorce.
Call Our Southern Minnesota Military Divorce Attorney Today
At Kohlmeyer Hagen, Law Office Chtd., our Southern Minnesota military divorce lawyer is an experienced, effective advocate for clients. If you have any questions about military divorce, we can help. Contact us today to set up a strictly confidential initial consultation. With a law office in Mankato and Rochester, we provide military divorce representation throughout Southern Minnesota, including in Faribault, St. Peter, Nicollet, Waseca, Owatonna, and Stewartville.
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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 Mankato military divorce attorneys. We offer a complimentary, no-obligation consultation. Talk to us and see what we can do for you.
Awards & Recognitions
Tier – 2 Minneapolis
Avvo.com – an independent lawyer ranking organization
Minnesota Lawyer Newspaper
Award limited to no more than 5% of Minnesota Attorneys
2014, 2015, 2016, 2017, 2018, 2019
American Bar Foundation
National Trial Lawyers