Military divorce can be more complicated than a standard civilian divorce due to unique legal issues surrounding jurisdiction, benefits, retirement, and relocation. If you're a service member, military spouse, or veteran, it's essential to work with a military divorce lawyer who understands these complexities firsthand.
At Ball Morse Lowe, we combine deep Oklahoma family law experience with firsthand military insight. Our team includes a former Air Force JAG officer who understands the unique legal challenges service members, veterans, and military spouses face. If you’re looking for a trusted military divorce lawyer near you, we’re here to help.
Military families often move frequently, which can complicate the question of where to file for divorce. Jurisdiction in military divorce can depend on the service member’s legal residence (also called domicile), the location of their duty station, or where the spouse currently lives.
Why does this matter? Because the state where you file determines the laws that apply to property division, alimony, child custody, and military retirement. Filing in the wrong state could result in lost benefits or a less favorable outcome.
A knowledgeable military divorce attorney can help you evaluate your options and file in the jurisdiction that best protects your rights and financial future.
How long does military divorce take? The timeline can vary significantly. If the divorce is uncontested, it may take just a few months. But if the service member is deployed, stationed overseas, or if there are disputes over custody or assets, the process can take longer.
The Servicemembers Civil Relief Act (SCRA) can also delay proceedings to ensure the active-duty service member can fully participate in their case.
Our attorney for military divorce will help keep your case moving forward while ensuring compliance with SCRA and other protections.
Military retirement and divorce are closely linked, especially in long-term marriages. Military pensions are considered marital property under the Uniformed Services Former Spouses’ Protection Act (USFSPA), meaning they can be divided by state courts during divorce.
However, how much a spouse is entitled to—and whether it’s paid directly through DFAS—depends on the length of the marriage, overlap with military service, and the specifics of your divorce agreement.
Whether you’re active-duty or facing a retired military divorce, our team can guide you through the retirement division process to help protect your financial interests.
The 10/10 Rule refers to whether a former spouse can receive military retirement payments directly from the Defense Finance and Accounting Service (DFAS). If the marriage lasted 10 years and overlapped with 10 years of military service, DFAS will send retirement pay directly to the ex-spouse.
It’s important to understand: this rule does not affect whether a spouse is entitled to retirement—it only affects the payment method.
We help clients structure military pension divorce settlements that meet Defense Finance and Accounting Service (DFAS) requirements and avoid unnecessary conflict or delays.
Under the 20/20/20 Rule, former spouses may retain full TRICARE coverage if:
There’s also limited TRICARE coverage under the 20/20/15 Rule for up to one year post-divorce.
If you're asking, "What are military spouses entitled to in divorce?", continued healthcare coverage is often one of the most valuable—but misunderstood—benefits. We can help ensure you don’t leave it behind.
The Survivor Benefit Plan (SBP) provides continued retirement pay to a former spouse if the service member dies first. This benefit must be explicitly included in the divorce decree and properly registered with the Defense Finance and Accounting Service (DFAS).
Without SBP coverage, retirement pay ends at the member’s death—leaving the former spouse with nothing.
Our attorneys help ensure SBP coverage is properly negotiated and secured, avoiding costly mistakes in settlement language.
Can a divorced military spouse get a VA loan? Usually, no—VA loan eligibility does not transfer to the ex-spouse after divorce, unless:
It’s important to review any homeownership or mortgage agreements in your divorce carefully to avoid foreclosure, credit issues, or unintended debt.
We help you protect your housing rights and determine if VA loan eligibility can continue under your circumstances.
Service members often face Permanent Change of Station (PCS) orders, deployments, or transfers—making standard custody arrangements impractical. Oklahoma courts prioritize the best interest of the child, but it’s crucial to create a parenting plan that anticipates military-related moves.
Military parents may need to incorporate special provisions for:
Our firm helps families craft parenting plans that are flexible, enforceable, and supportive of your child’s well-being—no matter where duty calls.
Whether you're active duty, retired, or a military spouse, you deserve a legal team that understands your world. Let Ball Morse Lowe guide you with strength, strategy, and compassion.
Don’t leave your future to chance—work with a military divorce attorney who gets it.