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What Makes Military Divorces Different from Civilian Divorce Cases?
Every divorce case is difficult in its own way. Family law matters are among the most challenging, particularly emotionally, legal issues in American courtrooms. Whether your divorce is amicable or not, many legal considerations must be taken into account before things can be finalized. And where a civilian divorce can be challenging in its own way, a military divorce presents extra difficulties and complications that civilian divorces may not.
Whether you are a military spouse contemplating filing for divorce or the civilian spouse of a military service member, it is vital to have a comprehensive understanding of the many intricacies of military divorce cases.
A military divorce, like any sort of civilian divorce, involves the legal termination of a marital union. However, when military couples decide to end their marriages, they face unique challenges that are not typically present in other divorce proceedings. These unique challenges and processes partly stem from the nature of military service, including deployments, frequent relocations, and complex legal processes.
What Are the Unique Challenges of a Military Divorce in the USA?
Among the primary factors differentiating a military divorce from any civilian divorce is the jurisdictional issue that can often arise in a military divorce. Married military couples could be stationed in different states or countries, presenting unique challenges regarding the appropriate jurisdiction for divorce proceedings. Additionally, military divorces are governed by state and federal laws, further complicating matters.
When going through a military divorce, it is essential to have legal representation experienced in handling this sort of divorce case. Contact our law firm to speak with the attorneys about your military divorce and learn the benefits of retaining our legal services.
Military Deployments
Military service deployments pose distinct complications in divorce proceedings. Service members deployed overseas can have difficulty attending necessary hearings or responding to divorce petitions.
The Servicemembers Civil Relief Act protects military members on active duty by allowing certain civil obligations to be postponed or suspended, including divorce proceedings. This law acknowledges the unique challenges of military service members and aims to alleviate the difficulties of handling the complicated legal matters of divorce.
Military service members deployed overseas can have a difficult time navigating divorce proceedings, especially if their spouse is separated across oceans. Obtaining divorce decrees overseas can introduce new complexities, particularly if the United States of America does not recognize the foreign divorce decree. It is generally recommended that service members and their spouses file for divorce within the USA if possible.
Jurisdiction
Every state has unique requirements about who is eligible to file for divorce in that state. Because both state and federal laws bind a military divorce, you must familiarize yourself with the requirements for divorce in your state and on a federal level.
Unlike civilian divorces, where jurisdiction is usually solely based on residency, a military divorce could be filed in several potential locations, including where the spouse currently resides, where the service member is stationed, or where the service member has legal residency.
Choosing the proper jurisdiction for your divorce case is essential. State laws can potentially decide the outcome of your divorce case. Please contact our law firm for a more comprehensive understanding of the laws that govern divorce proceedings.
Default Judgments
The Servicemembers Civil Relief Act provides legal protection options to active-duty service members. One protection allows them to challenge default judgments entered against them if they cannot attend courtroom proceedings.
If the court enters child custody or other court orders by default because of the service member’s lack of attendance, this legal protection can undo those orders, putting the issues back before the court for new arguments and evidence.
Retirement Benefits
A former spouse is not automatically entitled to the retirement pay of a military service member. A state judge must specifically award the division of military pensions and benefits as part of a divorce settlement.
The Uniformed Services Former Spouses Protection Act is crucial in ensuring the division of military benefits during divorce proceedings. The Act authorizes state courts to treat military pay as community property, allowing them to divide a portion of the military pension, pay, and benefits between spouses during divorce proceedings, so long as it is deemed fair and equitable.
Child Custody, Visitation, and Child Support
Child custody matters are influenced by unique factors that separate them from most civilian divorce cases. Deployment to a different state or country does not automatically justify a significant adjustment in child custody or visitation time. A family law court’s primary concern must always be in the child’s best interest, as it will emphasize the stability and continuity of the child’s care despite the challenges of continued military service for one or both parents.
Spouses involved in military divorces should consider working together to develop custody and visitation arrangements that address the unique demands of their situations. However, we understand this is not always possible, and it may be necessary to consider working with attorneys and even alternative dispute resolutions such as mediation.
Child support payments are calculated per state guidelines, and both parents’ income is considered. All child support calculations follow a standardized approach, wherein the courts evaluate both parents’ financial capacity and ability to contribute to the child’s well-being, regardless of any service-related obligations.
Schedule a Consultation with Our Experienced Legal Team Today
If you are going through a military divorce, you must retain the professional legal counsel of attorneys well-versed in family law and military divorce proceedings. Deciding to go without legal representation during a military divorce is highly inadvisable, as it could put you at a disadvantage during proceedings, cost you some of your rights, and potentially result in a far less favorable divorce settlement.
Our law firm has extensive experience representing clients in military divorce cases. Our family law attorneys pride themselves on being compassionate and understanding towards our clients and their needs.
You may reach us at 913-514-0909.
