Service on active duty military spouses
If you are a member of the Armed Forces, there are several things that are specific to a military divorce about which you need to be aware. Even if you are retired military, divorce is more complex than a civilian divorce. Some particular areas of concern are if you are a military service person, a retired military service person, or the spouse of either an active or retired military service person. For this reason, it is always best for anyone in this situation contemplating divorce to seek the service of military divorce lawyers. Issues such as the following can impact a military or military retirement divorce.
- Residence requirements for filing
- Service on active duty military spouses
- Compliance with rules and regulations specific to military divorce laws
- Military pension and Divorce
Residence requirements for filing
Individual states have different residency laws governing the filing for divorce. For that reason, you will need military divorce information pertinent to the state in which you are stationed when you want to file for divorce. Indeed the military divorce process is so complex, and military laws on divorce so confusing to the average person that military law attorneys truly are the best bet for you to get the military divorce help you need.
The Service members Civil Relief Act (SCRA) gives service members an additional 90 days to respond, and further states that if a deployed serviceman is prevented from defending his case in court, a divorce may be postponed indefinitely until the service member is back in the USA. In the event a service member who is deployed decides to let the divorce proceed, a military attorney may still be hired to defend his client in absentia.
Compliance with rules and regulations specific to military divorce laws
There are many regulations governing military divorce that deal with issues such as child custody and visitation such as extra visitation after deployment and making arrangements with relatives to care for children while you are deployed. Child support and calculations for it are divided according to state law, usage of military medical facilities and other military specific divorce issues are defined according to military law and best discussed with an expert in military law.
Military pension and divorce
Military pensions are considered marital property, and when military personnel are divorced, retirement pay can usually be divided according to standards similar to retirement accounts and civilian pensions, but the Uniformed Services Former Spouses’ Protection Act gives individual states the major discretion on how to divide military pensions and medical care, commissary, and exchange privileges. Federal law guarantees that no divorced spouse of a service member is entitled to any part of disability pay.