Military Divorce Attorney in Cleveland
Helping Residents of Independence End Their Military Marriage
In Ohio, if one or both parties are in the military at the time of divorce,
they must submit to a legal process that differs from
civilian divorce. The Law Offices of LeeDaun C. Williams LLC is home to an experienced
Cleveland military divorce lawyer who can effectively represent your interests
and rights. We care about our clients and will stop at nothing to obtain
a positive outcome to their case.
For detailed information on how we can resolve your case, call our office
(216) 350-8511 today.
Military Protection from Divorce Proceedings in Ohio
Under the Soldiers and Sailors Civil Relief Act (SSCR), an active duty
service member cannot be held in default if they do not respond to a divorce
action. This is to ensure that active duty military members are not divorced
without being aware of it. Additionally, divorce proceedings can be postponed
for the entirety of their service and up to 60 days after they finish.
Residency & Filing Requirements
To file for a military divorce, either party must:
- Reside in Ohio
- Be currently stationed in Ohio
Like a civilian divorce, the filing party does not need to list a reason
(or fault) for the divorce. They can simply state there are irreconcilable
differences when they petition the court. If the filing party would like
to include fault grounds in their petition they can do so.
Common grounds for a fault-based divorce are:
- Either party was already married at the time of their current marriage
- One party was absent from the relationship for at least one year
- Either party engaged in adultery
- The filing party was the victim of extreme cruelty at the hands of the
- The marital contract was fraudulent
The military property division laws in Ohio incorporate the Ohio laws along
with laws governed by the Uniformed Services Former Spouse’s Act
(USFSPA). This act is responsible for monitoring how military retirement
benefits are divided upon divorce. Under the USFSPA, no benefits are distributed
to the non-military spouse if the parties were married for under 10 years.
Count on Our Cleveland Military Divorce Attorney to Protect Your Interests
At The Law Offices of LeeDaun C. Williams LLC, our experienced and compassionate
attorney will guide you throughout your military divorce process. We understand
this legal matter can be emotionally complex and will do everything we
can to take the legal burden off your shoulders.
For your complimentary initial consultation, call our office at
(216) 350-8511 or complete our
online contact form.