Filing for divorce is widely considered as a last resort option when spouses have failed to reconcile their differences. As much as it is not a welcomed option for most individuals, divorce may be the only solution to feuding spouses. A military divorce is quite similar to a civilian annulment with slight modification based on the special rules that apply to U.S service members. Such differences are only manifested when determining child custody, residency and the division of military retirement pensions.
Most spouses embroiled in a military divorce experience similar challenges compared to their civilian counterparts. During such a transitional and stressful time, spouses must restrain from letting their emotions rule their judgment and affect any divorce proceedings. It is common knowledge that most separating spouses prefer handling the annulment much quickly. Making such a hasty decision can ultimately affect your future through the dispensation of inadequate spousal or child support.
Rather than experience such predicament, you must contact a San Antonio Family Attorney to provide adequate counsel on the best way forward. Unlike a civilian separation, military divorce is administrated by both federal and state laws. For instance, the presiding federal law determines how military pension will be divided between separating spouses. On the other hand, state laws stipulate the exact procedures for determining alimony and child support.
In most cases, a service member or spouse is entitled to file for divorce in the military member’s current State of active deployment. Their legal residency in such a State is irrelevant when filing for divorce. Nevertheless, service members and their spouses are provided with three options regarding the particular state to annul a marriage:
- The State where the service member is deployed
- The State where divorcing spouse is filing for divorce
- The State considered as the official legal residency of the service member
Divorcing spouses in the military are also entitled to military pensions, which can be compared to private retirement benefits. Under the USFSPA, the courts are mandated to evaluate military retirement compensation as a community or sole property based on the current State under review. However, the state laws act as a reference when determining the amount payable to an ex-spouse.
By having a prominent Family Law attorney at your corner, they will provide reliable counsel to reduce your stress levels and assist you to make sound decisions that serve your interests.