Few decisions in life are as difficult as the decision to get a divorce. Add on things like shared marital property and children, and the weight of your decision can feel overwhelming. If you or your spouse are a US military member, then a whole new set of complications come into play.
You might be surprised that military divorce is different from a civilian divorce. Thankfully, we’re here to break down the differences. Read on to learn how to get a military divorce.
The State Matters
As you learn more about divorce in the military, you will find that some aspects mirror civilian divorce procedures. Like in civilian divorces, military divorce procedures are governed by the state in which you or your spouse file for divorce.
The first thing to know is that you do not have to file for divorce in the state you married. As long as you have lived in your current state for six or more months, you will be able to file for divorce in that state.
Division of Assets and Child Support
Different states handle the division of marital property in different ways. All states are authorized by the Uniformed Services Former Spouses’ Protection Act to divide up military pensions in a divorce proceeding.
That said, for the state to divide the pension, the divorce must be filed in the state in which the military member is a legal resident. If your spouse is currently residing in California and live in Ohio, you must file for divorce in California.
Similarly, child support allocation is determined by state law. Be aware that, except for the Air Force, each military branch has rules on the amount of money a parent should pay.
Because of the complexity of military divorces, it’s important to have an attorney guide you through the process.
Time Delays in a Military Divorce
There is a length of time in every legal process in which the opposing party must file a response. The same is true of divorces. When a spouse files for a divorce, the other spouse must answer.
However, in a military divorce, this process is delayed if the military spouse is on active duty. Thanks to the Servicemembers Civil Relief Act, people on active duty may request a stay of 90 days or more. Once the military spouse can participate, then the divorce proceedings resume.
Learning How to Get a Military Divorce Is the First Step
Deciding to get divorced is a difficult one, especially when you’re in the military. It’s only natural that you’d want to learn how to get a military divorce before you take action on your decision. Knowing about your options and rights will help ensure that the divorce process goes as smoothly as possible.
Starting over after divorce in the military is an opportunity for happiness. You’re bound to be looking for some great ways to make the most of your life. Check out the rest of our blog for tons of great lifestyle tips and ideas!