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Special factors exist for divorces involving military members

On Behalf of | Jun 9, 2016 | Divorce

Going through a divorce is tough on anyone. For members of the country’s military, a divorce is something that can be even more difficult to deal with because of the requirements of military service. When it comes to divorces that involve members of the armed forces, there are some special factors that must be considered.

One of the considerations of a military divorce is jurisdiction. There are three options that members of the military have when they are filing for a divorce. The divorce can be filed in the service member’s state of legal residency, the service member’s station location or the spouse’s residency state. Determining which location is preferable can involve checking into the differences of how the different aspects of the divorce, such as property division, child custody, child support and alimony will be handled.

Another consideration is the possibility of protection for the service member under the Servicemembers Civil Relief Act. This act gives the court the discretion to halt the proceedings from moving forward while the service member is on active duty and for 60 days following the active duty service period. This is especially important for service members who are stationed overseas and those who are on a deployment.

Other considerations, such as the possibility of military pensions and other benefits being issued to the civilian party, are also present in some cases — usually with longer marriages. However, determining if your case includes these aspects is crucial so that you can prepare for the possibilities and also learn about how you can protect yourself.

Source: FindLaw, “Military Divorce,” accessed June 10, 2016