Home » Government Articles » Meeting the Unique Challenges of a Military Divorce
Meeting the Unique Challenges of a Military Divorce
The information in this article is meant to help you understand the complex nature of military divorces and the options you have if you are a servicemember or a military spouse going through divorce.
August 13, 2011 /Government PR News/ -- Everyone going through a divorce must overcome some hurdles. However, individuals going through military divorces face unique challenges. Not only are different laws at play in military divorce (military pensions are not divided like private retirement plans), but physical distance can make it difficult to come to an agreement on issues such as child support and child custody.
The information in this article is meant to help you understand the complex nature of military divorces and the options you have if you are a servicemember or a military spouse going through divorce. Unfortunately, while the military offers legal services, its lawyers can only point you to the paperwork you will need to fill out for your military divorce. A civilian divorce lawyer familiar with military divorces can provide comprehensive support to you and ensure that your rights are protected before, during and after your military divorce.
Jurisdiction: Where Will Your Divorce Take Place?
Military spouses and servicemembers may file for divorce in one of three states: 1) the filing spouse's residence; 2) the servicemember spouse's residence; or 3) the state where the servicemember is stationed. Consider your options carefully -- the state's laws will govern every part of your divorce, including child custody and property division. For example, if you file for divorce in Virginia, Virginia law will govern future family law proceedings involving the divorce decree unless you request a change in jurisdiction.
Furthermore, a state court does not have jurisdiction -- the authority to make legal decisions -- over an active duty servicemember unless he or she has been served with divorce papers.
Servicemembers Civil Relief Act (SCRA)
In 2003, the Servicemembers Civil Relief Act was signed into law. The SCRA allows any active duty servicemember to suspend civil obligations such as mortgage and credit card debt payments, taxes and civil trials. This includes the ability to delay divorce proceedings while the servicemember is on active duty. The SCRA also prevents divorce by default (a divorce granted after one party fails to appear).
Dividing Military Pensions
One of the largest and potentially most complex differences between a military divorce and a civilian divorce involves the division of retirement benefits. Generally, spouses can use a Qualified Domestic Relations Order (QDRO) to formally divide retirement benefits. In a military divorce, different laws apply.
Under the Uniformed Services Former Spouse's Protection Act (USFSPA), state courts may divide military retirement pay as property during a military divorce. However, there are specific rules guiding military pension division.
For example, while Virginia courts can enter a court order requiring the division of military retirement benefits, a former spouse must apply to the Finance Service Center if he or she wants to receive a direct payment from the Department of Defense (rather than receiving payment from the military spouse). A former spouse may only request this direct payment if he or she was married to the servicemember for at least a decade during which time the military spouse was also in the service.
Military Divorce and Children
Divorcing with children is complicated enough without having to figure out where the children will live and what visitation will look like when one spouse is deployed or stationed in a different state. Like any other Virginia divorce case, child custody, visitation and child support must be part of your final divorce decree. Unlike other divorces, it is often hard to see these orders as permanent.
Luckily, child support, visitation and child custody orders are not set in stone. You can request to modify these orders anytime there is a significant change, such as a military member's move from one state to another or release from active duty.
Figuring out which state has jurisdiction over a child custody or child support order can be difficult, especially when one party would like to modify the order. Speaking with a family law attorney who has experience with interstate child custody/the Uniform Child Custody Jurisdiction Act can provide clarity.
Other Factors in Military Divorce
Other unique considerations facing military spouses include:
- Fault-based divorces: If there are fault-based grounds for divorce, these can adversely impact a military member's career. There may be ways to negotiate a private resolution so that the military member can retain his or her good standing.
- Military health benefits: In order for a nonmilitary spouse to receive healthcare coverage, he or she must have been married to the military spouse for more than 20 years that overlap military service.
- Delays: Due to the SCRA, there are often delays in military divorces which can drag the divorce out for years. If both spouses agree to continue with the divorce, there are ways to expedite the process (such as using telephone conferencing).
Whatever obstacles you face, a Virginia military divorce lawyer can help you understand your options and work towards a more positive future.
Article provided by Hale Carlson Baumgartner, PLC
Visit us at www.novafamilylawgroup.com/
---
Press release service and press release distribution provided by http://www.24-7pressrelease.com |
|
|
Press Release Contact Information:
Findlaw PR
|
|
|
|
|
| GOVERNMENT ARCHIVE SEARCH |
|
|
| |
|
|
Advertise With Us |
About Us |
Contact Us