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Military Divorce in Kansas

Proud to Serve: Military Divorce in Kansas

We provide expert legal guidance for service members and their families navigating divorce in Kansas.

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Military personnel and their spouses face unique challenges, especially when navigating the complexities of divorce. At Kansas Legal Group, we take pride in offering high-level divorce representation to those who serve our country and their spouses. Representing military clients is a privilege that we hold in the highest regard, and we are committed to providing the best possible legal support during this challenging time.

How We Handle Military Divorce in Kansas

Handling a military divorce in Kansas requires a deep understanding of both state and federal laws. While the process of filing for divorce is similar for both military and civilian cases, military divorces often involve complex issues such as determining the correct jurisdiction, addressing the unique custody needs of military families, dividing military pensions, and ensuring compliance with federal protections like the Servicemembers Civil Relief Act (SCRA). Our team of divorce attorneys has extensive experience handling military divorces in Kansas from the perspective of both the service member and their spouse. We take a client-focused approach, working to resolve your issues in the most efficient, cost-effective, and healthy manner possible.

Jurisdiction and Residency Requirements

In any divorce, the court must have jurisdiction, or the authority, to hear the case. For military divorces in Kansas, the issue of jurisdiction can be complicated by the ever-changing nature of military life. Service members and their spouses may have options when it comes to where they can file for divorce. Generally, a divorce can be filed in the state where the service member is stationed, where they claim legal residency, or where the non-military spouse resides.

In Kansas, either spouse must have lived in the state for at least 60 days before filing for divorce. This residency requirement applies to both military and civilian cases. However, if the service member is a legal resident of another state, they may have the option to file for divorce in that state instead. The experienced attorneys at Kansas Legal Group can help you determine the best jurisdiction for your military divorce in Kansas.

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The Servicemembers Civil Relief Act (SCRA)

The Servicemembers Civil Relief Act (SCRA) provides important legal protections when it comes to military divorce in Kansas. Under the SCRA, service members have the right to request a delay in court proceedings if their military duties make it hard for them to take part in hearings. This protection helps service members focus on their duties without the added stress of ongoing legal battles.

If you are a service member seeking a military divorce in Kansas, it is important to understand your rights under the SCRA. Our attorneys can help you navigate these protections, ensuring that your legal rights are upheld throughout the divorce process.

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Child Custody and Support in Military Divorce in Kansas

Child custody and child support in military divorces pose unique challenges with situations like deployments and relocations. Kansas courts focus on the child's best interests, but also understand the demands placed on military families. Child support in military cases follows the same guidelines as civilian cases, but factors like Basic Allowance for Housing (BAH) can complicate calculations. Our attorneys ensure all income is properly accounted for, so child support is calculated fairly and in accordance with Kansas law.
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Alimony in Military Divorce in Kansas

Alimony, or spousal support, is an important part of military divorce in Kansas. It’s not automatically granted but may be awarded based on factors like the length of the marriage, each spouse’s income, and the lifestyle during the marriage. Military divorces add extra considerations, such as the impact of military benefits. Service members ordered to pay alimony must follow the court’s decision, but protections exist to ensure the payments are reasonable given their unique financial situation. At Kansas Legal Group, we work to negotiate fair spousal support arrangements that reflect the realities of military life.
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Division of Military Benefits and Assets

One of the most complex aspects of military divorce in Kansas is the division of military retirement benefits. Uniformed Services Former Spouses' Protection Act (USFSPA) governs how these pensions are divided. In Kansas, military pensions are considered marital property and are subject to division during a divorce. However, it is important to remember that these payments will not begin until the service member retires and begins receiving payments.

There are various methods for calculating the portion of military pension to which an ex-spouse is entitled. These can include net present value and reserve jurisdiction. While the most common method is reserve jurisdiction, where the ex-spouse’s share is calculated at retirement, divorcing parties should discuss these options before making a decision. If, for instance, there is the possibility of a buyout up front, the parties may choose to explore a net present value calculation. Whatever method you decide on, it is essential that the terms are clearly stated in your divorce decree and the subsequent court order dividing the military pension.

Survivor Benefits

Survivor benefits are another critical aspect of military divorce in Kansas. Spouses often mistakenly believe that if they were the survivor beneficiary of the survivor benefit plan while married, they will remain so after the divorce. This is not the case. The survivor benefit plan is a separate benefit that must be addressed in the divorce settlement, and followed up with proper documentation within a year of the date that the divorce decree was entered.

Base Privileges and TRICARE

Even after a divorce, an ex-spouse of a military member may still be eligible for base privileges such as commissary and exchange. However, the ex-spouse must meet the requirements of the 20/20/20 rule:

  • Married to the military member for at least 20 years
  • The military member served in the military for at least 20 years
  • The marriage overlapped the time in service by at least 20 years

If these criteria are met, the ex-spouse is entitled to full base privileges as long as they do not remarry. Similarly, the ex-spouse can also qualify for TRICARE under the same conditions.

Hire Our Military Attorneys in Overland Park

At Kansas Legal Group, we specialize in military divorce in Kansas. Our attorneys are well-versed in the state and federal laws related to military divorce in Kansas. We prioritize our clients’ needs, and strive to provide the highest level of legal representation. Whether you are a service member or the spouse of one, we are here to help you navigate the complexities of military divorce in Kansas with compassion, expertise, and dedication.

If you’re facing a military divorce in Kansas, don’t go through it alone. Contact Kansas Legal Group today to schedule a consultation. We’re here to provide the legal support you need to protect your interests and achieve a fair resolution.

Contact Us

Overland Park Office (Main):
9300 W 110th Street
Suite 645
Overland Park, KS 66210

Phone:
913.456.5738

Email:
info@kansaslegalgroup.com

Hours:
Monday–Friday
8:30 a.m.–12 p.m.
1 p.m.–5 p.m.

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