I have a lot of respect for the men and women who serve this country.

And one of the ways I try to show it is by making sure that when they come through my door going through a divorce, I know the rules that apply specifically to them.

Because military divorce has a different set of rules. And if your attorney does not know them, things can go wrong in ways that are very hard to fix later.

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The Servicemembers Civil Relief Act

The SCRA protects active duty servicemembers from having civil court proceedings, including divorce proceedings, run against them while they are deployed and unable to participate.

A servicemember can request a stay of proceedings while on active duty. Courts are required to grant at least a 90-day stay in most circumstances. This is not a delay tactic. It is a federal protection, and it exists because it would be fundamentally unfair to finalize a divorce against someone who cannot show up.

If you are the spouse trying to file, you need to know this. If you are the servicemember, you need to know you have this protection.

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Dividing Military Retirement

Military retirement pay is divided under the Uniformed Services Former Spouses’ Protection Act, commonly called USFSPA. Tennessee courts can treat military retirement as marital property subject to division.

However, the way it gets divided and paid is different from a civilian retirement. Direct payment from the Defense Finance and Accounting Service requires the marriage to have lasted at least ten years, with ten years of that overlapping with military service. If that threshold is not met, the military member still owes the amount, but it comes out of their own pocket rather than being paid directly by DFAS.

These details matter enormously to both parties. Get them right in the decree. For more on how property division works in Tennessee generally, see our Memphis divorce practice.

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Custody and Deployment

Deployment is a reality for military families, and Tennessee custody law accommodates it. A servicemember cannot be penalized for deployment in a custody modification proceeding. Temporary custody arrangements during deployment do not automatically become permanent when the servicemember returns.

Build deployment contingencies into your parenting plan from the start. Who has the children during deployment, how communication works, and how the original schedule resumes. Do not wait for deployment to happen and then try to figure it out under pressure.

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Lawyer Bill’s Advice

The people who serve this country deserve to have their legal rights protected while they are serving.

The SCRA exists for exactly that reason. Know it. Use it.

Military retirement is a significant asset. Handle the USFSPA division carefully and get it right in the decree.

If one of you is in uniform, your divorce needs an attorney who knows these rules cold, not one who will learn them at your expense.

Thank you for your service and welcome home.

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If you have questions, reach out to William W. Jones IV at midsouthdivorce.com/ask-lawyer-bill/.

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About the Author: William W. Jones IV is a Memphis family law attorney, Rule 31 Listed Family Mediator, and Super Lawyers selectee every consecutive year from 2014 through 2025. Licensed in Tennessee (BPR 022869) and Mississippi (BPR 100707), he practices at The Jones Law Firm, 5100 Poplar Ave, Suite 708, Memphis, TN 38137. Call (901) 761-5353 or visit midsouthdivorce.com.