Divorce is a complicated process. However, for military families, it is more difficult. There are many factors that are involved, such as deployments, frequent relocations, and unique benefits. All of these play a part in how the divorce unfolds.
Let’s understand the basics of military divorce, so that you can be better prepared for it.
Where You Can File for Military Divorce
The biggest difference between a military divorce and a typical civilian one is where it can be filed. You cannot file it where you live. Instead, jurisdiction depends on where the service member is stationed or where they have their legal residence. Moreover, that legal residence isn’t always the same as their current duty station.
This entire filing process makes the divorce even more complicated, particularly for couples who move between states during their marriage.
How Deployment Can Affect the Divorce Timeline
Another factor that affects divorce is deployment. If a service member is deployed when divorce is filed, they have the right to request a delay in proceedings until they return. They can also hire proper legal representation.
Courts may also schedule hearings around the service member’s duty obligations or allow remote appearances, which is not usually seen in civilian cases.
Child Custody for Military Families
Child custody during military divorce needs more planning than a civilian divorce. The reason is that courts need to ensure the child’s well-being. Therefore, they consider both parents’ availability and stability. Moreover, they also have to account for deployment schedules and the possibility of relocation orders.
This usually means parenting plans need to include flexible communication, such as video calls and adjustments when a parent’s duty assignment changes.
Protection From Default Judgments
Military divorces are usually protected from default judgments. In typical civilian cases, if one spouse doesn’t respond to the divorce petition, the other spouse can get most of what they requested through default judgment.
But service members who are on active duty don’t have to worry about it. This protects service members who cannot immediately respond to the divorce application due to deployment or other duty obligations.
Loss of Military Benefits for the Non-Military Spouse
One thing you should be planning early in the divorce process is how the benefits of a non-military spouse will be affected, on which they relied during their marriage. One of those benefits is certain healthcare coverage.
Depending on how long the marriage was and how long the service member’s military career is, a former spouse may or may not retain eligibility for these benefits when the divorce is finalized. It can significantly affect post-divorce planning; therefore, addressing it earlier is better.
Why Hiring an Experienced Attorney Matters
An experienced attorney is necessary in a military divorce because it involves both standard state procedures and additional considerations unique to military service. Working with an attorney who understands the entire process and both sides of the case can make a huge difference.
An experienced attorney can help both parties navigate jurisdictional issues, protect the service member’s rights while on duty, and ensure all benefits are properly handled. Professional guidance is necessary for both spouses to avoid any mistakes during the process.
