Divorce is never simple, but for service members and their spouses in the Twin Cities, the process involves a complex web of federal statutes and Minnesota state laws. Whether you are stationed at the Minneapolis–Saint Paul Joint Air Reserve Station, serving in the National Guard, or are a retired veteran living in Hennepin County, you need a legal team that understands the unique rigors of military life.
At Heimerl & Lammers, we provide the specialized “Serious Representation” required to navigate the intersection of military regulations and Minneapolis family court.
Unique Challenges of Military Divorce in Minnesota
A military divorce isn’t just a standard filing; it requires an attorney who can speak the language of the Department of Defense while advocating for you in a local courtroom. We assist Minneapolis clients with:
The Servicemembers Civil Relief Act (SCRA)
If you are currently on active duty, the SCRA protects you from being held in “default” if you cannot attend a court hearing in Minneapolis due to your service. We help you navigate “stays” in proceedings to ensure your rights are protected while you are deployed or stationed away from home.
Division of Military Pensions & the “10/10 Rule”
The Uniformed Services Former Spouses’ Protection Act (USFSPA) governs how military retirement pay is treated. In Minneapolis, these are considered marital assets.
- The 10/10 Rule: We explain how this rule affects whether the Defense Finance and Accounting Service (DFAS) pays a former spouse directly or if other arrangements must be made.
- SBP (Survivor Benefit Plan): We ensure that future protections are negotiated properly during the final decree.
Military Child Custody & Parenting Time
For military families in the Twin Cities, “standard” parenting schedules often don’t work. We draft creative, enforceable parenting plans that account for:
- Deployments & TDY: We include specific language in Minneapolis custody orders that address what happens when a parent is called away, including “make-up time” and electronic communication rights (virtual visitation).
- Family Care Plans: We ensure your legal custody arrangement aligns with military requirements.
Calculating Military Support (BAH/BAS)
Calculating child support or spousal maintenance in Minneapolis requires a deep dive into military Leave and Earnings Statements (LES). We ensure the court properly calculates:
- BAH (Basic Allowance for Housing)
- BAS (Basic Allowance for Subsistence)
- Special Pay & Bonuses
Failure to account for these can lead to unfair support orders that don’t reflect the true financial reality of military life.
Why Choose Heimerl & Lammers for Your Minneapolis Military Divorce?
We recognize the sacrifices made by those at the Fort Snelling facilities and throughout the Minneapolis area. Our approach is designed to provide:
- Jurisdictional Expertise: Ensuring you file in the correct court (Hennepin County vs. where you are stationed).
- Strategic Mediation: Using ADR to resolve complex pension disputes without the stress of a public trial.
- Aggressive Advocacy: Protecting your career, your security clearance, and your relationship with your children.
Contact Our Minneapolis Military Divorce Team
If you or your spouse are a service member facing a family law dispute, don’t settle for a “standard” divorce lawyer. Contact the Minneapolis office of Heimerl & Lammers at (612) 294-2200 for a confidential, free consultation.