If a person is one of over a million active-duty service members stationed somewhere in the U.S. or abroad, or if he or she is married to a service member, they will deal with divorce differently than a civilian couple would. Military status affects divorce in the following ways:
- the filing location,
- the calculation of spousal support,
- visitation and child custody decisions, and
- pensions and benefits.
In these areas, service personnel have rights and responsibilities that differ from those of civilians.
Initiating the Divorce Process
From the beginning, military divorces involve questions different than those asked of civilian couples. For instance, the court granting the divorce must have jurisdiction over both spouses. In most cases, the divorce must be filed in the state where the military member claims residency, or in a location that is agreeable to both parties.
Child and Spousal Support
Like all other parents, military personnel are mandated to provide support for their children. The DOD requires military members to follow court orders on visitation, support and custody; in fact, some of the military’s sanctions can be severe if orders are not followed. For this reason, compliance rates are high among service members. Spousal and child support matters are largely decided by states, but military spouses and divorce attorneys in Mequon, WI, face unique issues when calculating and enforcing support during deployment.
Visitation and Custody
It is always difficult to share child custody after a divorce, but it can prove especially problematic for service members. Matters of visitation and custody can be further complicated by uncertainty over deployment and with frequent moves. A divorce attorney can help military spouses come to a fair and amicable resolution.
Pensions and Benefits
Though the military and the private sector work under different rules, the military is, in fact, an employer. As such, it offers employment benefits, including medical coverage, pensions and life insurance. All benefits are subject to asset division during a divorce, but there are certain issues a divorce attorney will consider when handling a military divorce.
Unless a person has only been a service member for a short time, or there are limited assets, they should not negotiate a divorce or sign settlement papers without consulting an attorney with Domain. Divorce attorneys in Mequon, WI, who handle military divorces, can represent a client from start to finish and ensure their legal rights are protected.
