As if getting a divorce is not already stressful as it is, getting a divorce from a military spouse might prove to be quite an even more challenging scenario. While you may be right in saying that military divorces should still follow the same basic rules as applied in civilian divorces, there are quite a few distinctions that make military divorces truly unique.
Here are just some things you have to know about military divorces.
Divorce Laws in the Military
Military divorce is governed both by state and federal laws. Whereas civil divorces will often adhere only to existing state laws, military divorces must adhere to federal laws as well, simply because military personnel serve the nation, not any particular state, the Law Office of Doreene A. Kuffer clarifies.
Military personnel on active duty are temporarily immune from divorce proceedings until about 60 days after the tour of duty, according to divorce attorneys in Albuquerque. This means you cannot force your military spouse to abandon his post to comply with divorce proceedings. You have to wait 60 days after his return from active duty.
For civilian divorces, divorce jurisdiction often falls on the place where the individual lives. On the other hand, members of the military or their spouses who may seek divorce can choose to file for a divorce in a state where the divorce-seeking spouse is presently residing, a state where the military spouse is currently stationed, or a state where the military spouse holds legal residence. Wherever the divorce application is filed, matters of property and child custody and support will be subject to the existing laws of the state where the divorce was filed.
Property Division, Pensions, and Child Support
A great number of spouses of military personnel stay at home to tend to the kids while their military spouses are deployed. As such, they do not have many economic opportunities should their marriage end in a divorce. As such, military divorces are subject to the same process of dividing the property as well as the assignment of child custody and the ordering of child support from the military spouse. Additionally, when certain conditions are met, the spouse is also entitled to share the pension benefits of her military spouse.
Military divorces are a lot like civilian divorces. However, there are certain differences that can be considered beneficial by some and disadvantageous by others.