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Information about Divorce for People Serving Actively in the Military

Information about Divorce for People Serving Actively in the Military

As with any divorce, one of the key things in a divorce definition is to consider what is a military spouse entitled to in a divorce? This is also true for a divorce that involves a military service member. It may be surprising to the military spouse to discover that the nonmilitary person is entitled to more than they would like to give. The laws governing a military divorce will look at the length of time the couple has been married and how long the person has served in the military. It will be important for your lawyer to determine the length of time where the marriage overlaps with the duration of military service.

There are other issues for the two people who are contemplating divorce when one person is in the military. For example, if the military member abandons their spouse without letting them know and without letting them know whether they will be returning, then the nonmilitary spouse is still considered to be married in the case of abandonment, and they have legal rights to obtain spousal and child support. It is important to note that divorces that occur outside of the United States will not be recognized by an American court.

It is advised that anyone in the military who would like to file for divorce should do so within the United States to avoid any potential problems. The military divorce laws make it possible for somebody to file in the state where they are stationed. It is also possible to file in the state where the nonmilitary spouse currently lives or the state which the military spouse has claimed as their residency.

Determining where to file during the process can be complicated without the help of a divorce lawyer as some military families move around a lot. One of the best things anyone who is starting the divorce process can do is to retain legal help. Having an experienced divorce lawyer who is accustomed to military cases will make a world of difference to the process even when the divorce is amicable. Military divorces will have the same causes of divorce today as a civilian divorce, and in the same way, military members would need to come to an agreement with their spouse. The couple will need to work out how the military spouse divorce entitlements such as money, cars, or residential homes will be divided. The couple will also need to look at any debt that was acquired during the marriage, including loans and credit card bills, and how the debt will be divided between the couple. During the divorce process, it is also necessary to discuss any child support, child custody, or spousal support. You will have to consider whether you would like joint custody or if it would be better for one parent to have sole custody of the children. Some couples may decide that they prefer to go through a legal separation and may have questions such as, “what is a military spouse entitled to in a separation?” An Arizona military divorce lawyer can help with this. It is beneficial to have a family and divorce attorney who is familiar with the process of division of military retirement benefits and how a divorce can impact these benefits as they are considered part of marital property. This will be a key issue to consider when a couple is going through a military divorce. Keep all of this in mind when thinking about how to file for divorce in the military.

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