Military Divorce
Representation Under SCRA and USFSPA Rules
Divorce in a military family isn’t a typical legal case. Military divorce in Oklahoma involves additional rules, deadlines and protections – especially when one of the involved parties is deployed or stationed out of state. Federal laws like the Servicemembers Civil Relief Act (SCRA) and Uniformed Services Former Spouses’ Protection Act (USFSPA) affect the military divorce process.
Whether you’re stationed at Fort Sill, Vance, Altus Air Force Base or any other military location across Oklahoma, you don’t want to do this alone. You need an aggressive advocate who can help you navigate the unique challenges of divorce, custody and property division under military rules and federal law.
How Much Does a Military Divorce Lawyer Cost at Stark Law?
$2,000 Retainer in most cases
$250 per hour
Additional costs beyond $2,000 retainer = Additional billing that exceeds retainer
Filing for Divorce in Oklahoma as a Military Family
Oklahoma divorce laws still apply to military families. This means all of the following:
IMPORTANT: Temporary Orders and Emergency Custody
The first major step in a military divorce is a “Temporary Orders Hearing”. This hearing typically occurs within 30 days of initial filing, and if domestic violence is alleged, a hearing may occur within 10 days of initial filing. This is where the judge will set ground rules for finances, housing, custody and visitation during the case. These orders are almost never changed during the pendency of the case until a final order is issued, so you need legal representation during this phase to ensure a favorable outcome!
Residency & Filing Requirements
At least one spouse must have lived in or been stationed in Oklahoma for six months and in the filing county for at least 30 days. We can help coordinate the process when one spouse is stationed elsewhere or overseas.
Special Considerations for Military Families
For military members, court appearances can often be scheduled around deployment or handled remotely when necessary.
10-Day & 90-Day Rules
Divorces without minor children can finalize in as little as ten days. When children are involved, a mandatory 90-day waiting period applies.
Co-Parenting Course Requirement
Parents with minor children must complete a state-approved co-parenting course before the decree is issued. We’ll help you choose an approved provider and file proof of completion.
No-Fault Divorce
Oklahoma doesn’t require one party in a divorce to be “at-fault”. You don’t have to prove any wrongdoing – simple incompatibility is considered grounds for divorce.
Pregnancy Limitation
Oklahoma state law prohibits divorce while the wife is pregnant. In cases involving abuse or safety concerns, we pursue immediate protective and temporary orders until the case can proceed.
What Makes Military Divorce Different
The divorce process – from filing to necessary court proceedings – are different for military divorces. Luckily, Stark Law is fully equipped to handle military divorces, from Fort Sill to Vance and Altus to Tinker AFB and beyond. All of the usual Oklahoma family laws apply, but there are additional rules and protections under federal laws which affect the process, including the Servicemembers Civil Relief Act (SCRA) and Uniformed Services Former Spouses’ Protection Act (USFSPA). There are also special considerations and issues affecting military divorces.
Deployment and Base Relocation
These can require extra planning, bureaucratic work and logistics. Court proceedings can also be delayed if a service member is deployed or on active duty.
Division of Benefits
Military pensions and other benefits add a layer of complexity to military divorces – but a layer we are highly experienced in.
Proper Jurisdiction
This just means “the right place to file.” The answer depends on the service member’s legal residence, station location or spouse’s residence. We’ll ensure it is done correctly.
Amber W.
Byron C.
“I will be sure to return to Hannah Stark for her fierce advocacy.”
Juan R.
Division of Military Pensions and Benefits
Other Considerations
Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), military retirement benefits are considered marital property and can be divided in divorce.
10/10 Rule: If the marriage and service overlap for at least 10 years, the “10/10 Rule” allows direct payment from the Defense Finance and Accounting Service (DFAS).
Division: Applies only to disposable retired pay, not disability pay.
Other Assets: May be factored into property division. These include Thrift Savings Plans (TSP), BAH and bonuses.
At Stark Law, we work diligently to ensure division orders comply with DFAS requirements, avoiding rejection or unnecessary payment delays. You can learn more about how assets might be divided on our Alimony & Spousal Support page.
More About Custody
Child custody isn’t just a matter of visitation – legal custody also affects which parent is empowered to make healthcare, schooling and other decisions on behalf of the child. You need proficient representation.
Custody and Visitation in Military Families
Military life, along with its deployments, relocations and PCS challenges mean that military parents have unique custody challenges. The courts take this into consideration, prioritizing the best interests of your children, while also recognizing the realities of service life.
At Stark Law, we craft plans that actually work with the real lives of servicemen and women. The emphasis is always on maintaining consistent contact and minimizing disruption for children. Our deployment-friendly parenting plans include careful thought given to:
More About Child Support
There are many variables affecting child support obligations. Though it can get complicated, Stark Law will help you understand your rights, responsibilities and what you can do to make child support arrangements as realistic and sustainable as possible.
Military Child Support
Most Oklahoman military families want to understand how child support will be calculated. We can get you a much better estimate when we meet, but for now, here are the things which the courts take int consideration:
Gross Income: Child support is calculated using gross income, which includes base pay, BAH and BAS.
Military Regulations: Certain regulations, such as DoD Instruction 1344.09, require service members to support dependents even without a court order.
Enforcement Actions: These can include wage garnishment through DFAS or contempt proceedings.
Servicemembers Civil Relief Act (SCRA) Protections
Sometimes the realities of military life mean you can’t appear in court. The SCRA prevents active-duty members from the default judgments that would otherwise occur when this occurs. It also allows for case postponements (stays) during active service. Stark Law strategically employ these protections to avoid procedural disadvantages –and keep your case moving efficiently.
Why You Need a Military Divorce Lawyer
It can be tempting to try and handle a military divorce on your own, but the truth is you’re going to need help. The future of your family, your relationship with your children, your finances, your ability to provide for your family and even your service record can all hinge on very small, seemingly trivial aspects of divorce proceedings.
Consider What’s at Stake
Overlooking one document, missing deadlines or failing to understand what the court is looking for can lead to devastating consequences. At Stark Law, we’re here to help – not to get rich. We hope you’ll trust our years of experience, from Fort Sill and Altus AFB to Vance, Tinker and beyond, and see that our transparent billing practices are here to help you get the best possible outcome at a fair cost.
The Stark Law Approach
We want you to feel empowered and knowledgeable throughout this process. Stark Law was built to make family law accessible for Oklahomans like you. We’re determined to handle your case with precision and practicality – without any theatrics, drama or confusing billing. Rather, we focus on solid legal work. We file efficiently, communicate clearly and keep you informed every step of the way.
Understandable
Straightforward guidance without legal jargon
Balanced
Advocacy for both mothers & fathers
Timely Communication
You always know what’s happening in your case
Transparent
Complete billing clarity & no surprise bills
Efficient
Timely filings & fast action. Most cases move from filing to final orders quickly.
Stark Law can represent you
Wherever you are in Oklahoma
Stark Law will provide exceptional representation for any military divorce. We defend and advocate for military divorce clients in the Oklahoma City metro, including Norman, Yukon and Mustang, and can travel as needed – from Lawton, Chickasha, Newcastle and Purcell to Chandler, Stillwater and beyond. Don’t hesitate to give us a call.
01
How Much Does a Military Divorce Lawyer Cost in Oklahoma?
Military Divorce attorney costs range widely, and depend on two primary factors:
- The attorney’s hourly rate
- How much time that attorney will need to spend on your case
Many other firms will try to hide this information from you, but at Stark Law, we believe knowledge is power. Our hourly rate is $250 per hour, and military divorce representation begins with a $2,000 retainer. From that retainer, we will deduct the time that is spent on your case. You’ll always know where your money is going and you’ll never pay for unnecessary delays. Should the retainer run out, you’ll be billed for additional costs.
Stark Law Military Divorce Representation Costs
$2,000 Retainer
$250 per hour
Additional costs beyond $2,000 retainer = Additional billing that exceeds retainer
02
How is a military pension divided in an Oklahoma divorce?
In Oklahoma, the portion of a military pension earned during the marriage is usually treated as marital property and can be divided in a divorce. If you were married for at least 10 years that overlapped 10 years of military service (the “10/10 rule”), the former spouse may be able to receive their court‑awarded share as direct payments from the Defense Finance and Accounting Service (DFAS).
03
What are the military divorce rules in Oklahoma?
Military divorces in Oklahoma follow regular state rules, such as requiring six months of residency, but also include federal protections. The SCRA lets you pause cases during deployment and join remotely. Benefits are split via another federal act. There is still a standard 90-day waiting when minor children are involved. Stark Law is here to guide you through it all. Book a free session now.
Can you get divorced while the wife is pregnant in Oklahoma?
No, it is against state statute for a judge to grant a divorce if the wife is pregnant.
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What is child custody like for military parents in OKC?
Courts prioritize the child’s best interests, utilizing Oklahoma’s special law for deployed parents. You can hand over temporary custody to family during service, then retrieve it without hassle. Plans include video calls and flexibility for moves with 60 days’ notice, unless otherwise specified in the orders. Whether your based at Fort Sill, Vance or other places around Oklahoma, Stark Law is here to build realistic plans that fit your life. It costs you nothing to see if we’re a good fit.
05
What alimony rights do military spouses have in Oklahoma?
Military spouses may receive alimony based on marriage duration, income differences, and lifestyle, with military pay included in calculations. Support may be temporary or permanent.
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What is the active-duty divorce filing process in OK?
Active-duty personnel can file if one spouse resides or is stationed in Oklahoma for six months. If deployed, but Oklahoma is the domiciliary state, Oklahoma will continue to have jurisdiction. Divorce petitions follow state law. Stark Law manages the details and ensures your case proceeds smoothly, offering free OKC consultations.
Stark Law’s Practice Areas
Divorce
Straightforward, effective divorce representation.
Paternity
Visitation, custody, child support & more hinge on paternity.
Child Custody
Visitation, living arrangements & decision-making authority.
Child Support
Understand your rights & responsibilities.
Alimony & Spousal Support
Representation to ensure a fair deal.
Victim Protective Orders (VPO)
Protection from dangerous people + wrongful VPO defense.
We believe it’s important to find the right fit with your attorney.
“Active-duty personnel can file if one spouse resides or is stationed in Oklahoma for six months. If deployed, but Oklahoma is the domiciliary state, Oklahoma will continue to have jurisdiction. Divorce petitions follow state law. Stark Law manages the details and ensures your case proceeds smoothly, offering free OKC consultations.”
Contact Stark Law