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Laws regarding military divorce

On Behalf of | Nov 6, 2016 | Military Divorce |

Military divorces are no different than civilian divorces. However, there are some special rules and requirements that adhere to military service members and their spouses in the matter of divorce. Military divorce laws come under both the state and federal laws ? both the laws govern the decisions of spousal support, and how assets and pensions are divided.

If you are an active duty military service member, you are exempt from divorce proceedings so you can devote your time and energy serving the nation. In the event of a divorce, military service members have the freedom of choosing which state they want to file the divorce in. They can either file for divorce in the state their spouse resides or where the military member is stationed or even where the military member has legal residence.

The property distribution, child custody, and support decisions are then governed by the state that they have chosen to file for divorce in. The military has special rules for spousal and child support. These rules are created to make sure that the military service member’s family are supported in case a divorce or separation takes place.

Other decisions concerning pensions and benefits follow the same procedure as civilian retirement benefits and are divided between spouses after the divorce. If you are a member of the military and you plan on getting a divorce, seeking guidance from an experienced attorney on the matter might prove to be in your best interests. An attorney would help you know more about your rights and help represent your case.