How Does Military Divorce Differ from a Standard Divorce?
- Posted on: Nov 16 2020
While most people may not realize it, there are some differences between getting a divorce as civilians and getting divorced when one or both of you are in the military. If the military spouse is not being deployed and you have not moved recently, the process may be fairly similar to a standard civilian divorce. However, often this isn’t the case. Here are some things to know about a military divorce.
It Is Subject to the Servicemembers Civil Relief Act
The Servicemembers Civil Relief Act or SCRA is designed to help deployed servicemembers focus on their jobs rather than on any situation at home. In terms of a divorce, the SCRA can actually be used to delay the proceedings, especially if there are children involved. The court is unable to issue any type of permanent decision without the servicemember being present. While the SCRA is very beneficial to military personnel, it can be frustrating if you are the one petitioning for the divorce.
Where You File Depends on Several Factors
Military members often move around, and that can make it difficult to meet a state’s residency requirements. However, the courts do understand this, which is why there is some leeway in determining which state has jurisdiction over the divorce of military members. Typically, you can receive special jurisdiction to file in the state in which the military spouse lives or is an establish resident. Both parties have to agree to the state of jurisdiction.
If you and your spouse have children, there are some additional rules that govern child support and visitation. These are designed to help active duty servicemembers see their children as much as possible while working around their deployments and base assignments. There are also a few differences in calculating spousal support and access to military benefits.
We understand that unraveling all of these unique rules and laws can be a headache, especially when dealing with an emotionally charged situation like a divorce. That’s why the team at the FK Law Group is here to help. If you are preparing to divorce your spouse and one of you is in the military, let us guide you through the process. Contact us today to schedule a meeting.