Military spouses are not exempt from the difficulties that spouses in the civilian world encounter. In reality, the special challenges that military spouses endure, including numerous moves, protracted deployments, and the possibility of harm or death, can put a great deal of strain on even the healthiest relationships. Given the special legal and logistical concerns that come with serving in the military, the divorce process can be extremely difficult. Read on to learn more about military divorce.
4 Things You Should Be Aware of When Going Through a Military Divorce
Military Benefits Division
In a military divorce, the allocation of military benefits is a crucial matter. Military pensions are liable to distribution between the spouses because they are regarded as marital property. The guidelines for dividing military pensions are set down in the Uniformed Services Former Spouses Protection Act (USFSPA).
The pension is shared in accordance with the USFSPA according to the length of the marriage and the length of military service. The amount of the pension that the non-military spouse is entitled to receive is decided by the court. The percentage for the non-military spouse is normally determined by dividing the total number of years of military duty by the fraction of years the couple was married during that time. The non-military spouse is eligible for up to 50% of the total reward.
The USFSPA does not mandate that the military spouse give benefits to the non-military spouse, which is an important point to remember. Instead, it offers a structure for benefit distribution in the event that the court rules that the non-military spouse is entitled to some benefits. The non-military spouse must fulfill specific requirements in order to be eligible for benefits under the USFSPA, which does not automatically grant eligibility to benefits.
Child Support and Custody
Given the particular challenges that military families encounter, determining child custody and support can be exceptionally difficult. For instance, it could be difficult to create a stable home environment for the kids if there are a lot of moves and deployments. Jurisdictional concerns, as mentioned above, may also make child custody and support more difficult to resolve.
The child’s best interests are the court’s top priority when deciding on child custody and support arrangements. This implies that a number of criteria (such as the child’s relationship with each parent), the stability of each parent’s home environment, and the requirements of the child in terms of their education and health, will be taken into account by the court. The court will often work to construct a custody and visitation plan that permits both parents to have regular contact with the child while also guaranteeing their safety and welfare.
Problems Regarding Jurisdiction in Military Divorce
Due to the possibility that military personnel may be stationed in various states or even foreign nations, jurisdictional issues in a military divorce can be challenging. As a result, determining whether the court has jurisdiction over the divorce procedures can be difficult. In a civil divorce, the couple’s home state is often used to determine jurisdiction. The location of the military member’s station or their claimed place of legal residence, however, may determine the jurisdiction in a military divorce.
The Servicemembers Civil Relief Act (SCRA) offers military personnel protection with regard to jurisdictional matters. In accordance with the SCRA, a judge may halt divorce proceedings for 90 days if the military service member is unable to participate. This gives the service member enough time to hire a lawyer and get ready for the divorce process. The SCRA also gives military personnel the option of having their divorce processes conducted in either their home state or the state in which they are stationed.
Working with a lawyer who is familiar with the SCRA and other laws and rules that pertain to military divorce is crucial. An experienced lawyer can help you manage the jurisdictional difficulties and make sure the divorce processes are conducted in the proper jurisdiction.
Divorce and Deployment
Deployment can complicate a military divorce. It can be challenging to schedule court hearings or serve divorce papers to one spouse who is deployed. Deployment may also have an effect on the terms of child support and custody.
In accordance with the SCRA, a judge may halt divorce proceedings for 90 days if the military service member is unable to participate. This gives the service member enough time to hire a lawyer and get ready for the divorce process. A military member may also ask for a delay in the proceedings under the SCRA if they can show that serving in the military seriously impairs their capacity to participate in the proceedings.
Deployment may also have an effect on the terms of child support and custody. It can be hard to keep physical custody of the child if a military member is deployed. Also, a military member’s salary may be impacted by deployment, which may have an influence on child support obligations.
Working with a lawyer who is familiar with the particular circumstances surrounding divorce and deployment is crucial. You can traverse the SCRA and other deployment-related laws and regulations with the assistance of an experienced lawyer, who can also guarantee that the divorce process is fair and compliant with the law. A lawyer can also assist you in creating a child custody and support arrangement that takes into consideration the particular difficulties associated with serving in the military.
Divorces involving military personnel are complicated and call for a thorough knowledge of military rules and laws. Working with a lawyer who is familiar with the very specific concerns pertaining to military duty is crucial if you are thinking about getting a military divorce. You can move through the procedure more easily if you are aware of the division of military pensions, child custody and support, jurisdictional concerns, and deployment. With the correct legal counsel, you can defend your rights and guarantee a just and equitable result.
