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Understanding a military divorce

On Behalf of | May 12, 2023 | Family Law |

Divorce is a difficult process for anyone to go through, but when one or both spouses are in the military, there are specific regulations and rules that apply. A military divorce differs from a civilian divorce in several ways.

This is what you need to know about a military divorce.

Jurisdiction in a military divorce

Jurisdiction is one of the most significant differences between a military and civilian divorce. In a civilian divorce, jurisdiction typically depends on where the couple resides. However, in a military divorce, jurisdiction depends on the location of the service member’s legal residence, which may be different from where the couple currently resides.

Dividing military benefits

The division of benefits is a crucial consideration in a military divorce. These benefits include survivor benefits, medical benefits and pension plans. The Uniformed Services Former Spouses’ Protection Act governs the division of military benefits in a divorce. Under the USFSPA, state courts have the authority to divide military pensions as part of a divorce settlement.

Child custody and support

Child custody and support are other essential considerations in a military divorce. Service members may deploy or relocate frequently, which can complicate custody arrangements. The Service Members Civil Relief Act provides protections for service members in custody disputes, including delaying court proceedings during a service member’s deployment. It is also vital to ensure that child support arrangements comply with state and federal laws and are equitable.

A military divorce can be a challenging and complicated process, and it is important to understand the unique rules that pertain to it and ensure that you protect your rights and interests.

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