Deciding to end a marriage is a crucial decision. For military families, the process involves unique challenges and considerations. Understanding these issues is crucial whether you are a service member or a military spouse. Here are three frequent questions about military divorce. They can help you through this tough time.
1. Where should you file for divorce?
Filing for divorce in a military family can be complicated. Unlike civilian divorces, you have multiple options for where to file:
- The state in which the spouse initiating the divorce lives.
- The location where the military assigned the service member.
- The legal residency state of the service member.
Consulting with a military divorce attorney can help you determine the best jurisdiction for your case.
2. How are military benefits divided?
Military benefits and pensions are often a contentious issue in divorce proceedings. The USFSPA permits state courts consider military retirement pay as marital property that they can divide.
Yet, there are specific rules, like the 10/10 rule. If the marriage lasted at least ten years, the former spouse could receive payments from the DFAS. The service member needs to have served in the military for ten years during the marriage.
3. Are there protections for active-duty service members?
Active-duty service members have certain protections under the Servicemembers Civil Relief Act (SCRA):
- Default judgment protection: service members can apply for a “stay” to protect against default judgments. This applies to any civil action initiated against them on active duty.
- Additional stays: courts may grant further stays. Yet, they usually will not postpone proceedings for a service member’s entire career.
These protections allow service members to concentrate on their responsibilities. They help prevent the added stress of unresolved legal issues.
Military divorce involves unique legal and emotional challenges. Understanding these frequently asked questions can help you through the process with ease. Use available resources and seek professional advice to manage this difficult transition successfully.