Ending a marriage is rarely simple, but for military families, the process may be particularly complex. Between deployments, benefits and unique residency rules, a military divorce is usually anything but straightforward.
Whether on active duty or recently separated from service, you must understand your rights and responsibilities. The following are some things to think about.
Residency requirements and jurisdiction
Moving frequently is normal for military families, often creating confusion over where to file for divorce. Typically, service members may file in the state where they are stationed, where they claim legal residence or where their spouse resides. The wrong jurisdiction can impact everything from asset division to custody arrangements, making it crucial to know where to file.
Division of military pensions and benefits
Military pensions are considered marital property under the Uniformed Services Former Spouses’ Protection Act (USFSPA). This means they can be divided in a divorce, depending on the length of the marriage and service overlap. TRICARE, commissary privileges and other benefits may also be available to former spouses under certain conditions – something both parties should understand before finalizing agreements.
Child custody and deployments
The duties of military service can complicate custody arrangements, especially when deployments or relocations arise. Courts will consider the child’s best interest while factoring in the unpredictability of military life. Service members should be proactive in crafting a parenting plan that accommodates their obligations and preserves meaningful time with their children.
Legal protections and support resources
The Servicemembers Civil Relief Act (SCRA) offers certain protections for active duty personnel, such as delaying court proceedings. Understanding these unique concerns can be helpful, as they can significantly impact the outcome of a case.
Seeking experienced civilian legal representation can offer meaningful protection for those navigating a military divorce.