Although a military divorce shares some similarities with a civilian divorce, there also a few distinctions that can complicate military divorces. It's important to be aware of the major concerns of a military divorce if you're going through one to handle the situation without stress or confusion.
The following are four of the most important concerns of a military divorce that you and your spouse will need to resolve:
1. The place where divorce should be filed
One uncertainty for many divorcing military families is where the divorce should be filed. A divorcing civilian family will need to have established residency in the state where they file. However, military personnel do not need to have established residency to file for divorce in a particular state if they have been relocating constantly as part of their service.
It's usually not a good idea for military families to file for divorce in another country while the spouse who is in the service is serving overseas. Ideally, the non-military spouse should return to the US and file in the country to simplify the process and ensure that the divorce will be recognized.
2. The benefits the military spouse will be eligible for
There are numerous benefits a divorcing military spouse may be entitled to from the military that a civilian spouse who is divorcing would not be entitled to. Divorcing military spouses may be entitled to benefits like retirement pay or insurance depending on a variety of factors. Factors influencing the benefits the military spouse should receive after the divorce include how long the marriage lasted, how long the spouse in the military has been serving, and how much overlap there is between the service time and the marriage.
3. The custody of any children
Custody issues can be complicated in a military divorce because the spouse in the military may be frequently relocating and experiencing deployments.
Military families will ideally come to an agreement themselves about custody issues. Otherwise, resolving the divorce and custody issue could require court appearances that the spouse in the service might have trouble attending due to deployments. If a spouse in the military cannot make a court appearance because of a deployment, divorce proceedings can be "stayed" to allow the serving spouse to postpone the court appearance.
4. The child support and alimony that the service member will be required to pay
Because of the unique pay setup of the military, calculating child support and alimony payments is different for military divorces as opposed to civilian divorces.
In the absence of an agreement between the spouses or a court order, the military service division will calculate how much child support and alimony are necessary. For more information, contact a company like Karen Robins Carnegie PLC today.