Military divorce, like any other divorce, comes with its obligations and challenges. You will need to reach an agreement on matters like the custody of any children you share and how to divide your assets. You may also need to determine whether you will still be eligible for military benefits or a portion of your spouse’s pension.
As is explained by FindLaw, there are a number or rules and requirements to bear in mind if you are considering a military divorce. First of all, you may need to decide in which state you plan to file for the divorce. Often, there are three options: where the service member is stationed, where he or she had legal residence, or where the spouse filing for divorce resides. Whichever of these is chosen, the divorce will be governed by the laws of that state.
It is also important to remember that service members have protection from lawsuits as provided by the Servicemembers Civil Relief Act. This means that legal proceedings, including divorce can be delayed for the entirety of and up to 60 days after the period that the military member is serving on active duty. The military also has specific rules governing child support and spousal maintenance. These aim to ensure that the family of a service member receives support even if the marriage does not work out.
As we have seen previously, complications can continue even once your divorce is complete. It can be helpful to have an attorney to support you in the case of any disputes. Even in the course of the divorce, his or her advice can be of great benefit in ensuring you adhere to the specific laws that apply to military divorce in contrast to that of civilian couples.