When two people get married, they expect to spend the rest of their lives with each other. The good news is that’s the case for many happy couples. The bad news is some marriages fail and result in a divorce.
There’s no denying that the stresses and struggles of daily life can have an effect on a marriage. Things like money worries, medical issues, and even work life can have a negative impact on marriages. While many couples try to work through those problems together, some can’t find solutions, especially if problems like infidelity occur.
Getting a divorce is usually a last resort option. When all other avenues of reconciliation have been exhausted, there’s no other choice. Divorces can sometimes be complex to complete. It can be even more challenging when a military divorce is concerned.
Are you and your spouse thinking of embarking on a military divorce? If so, it’s important to learn about the potential pitfalls. Below is what you need to know.
Different states have different rules
Each state has different divorce rules. As far as a military divorce is concerned, it’s crucial to learn how your state will handle it.
First of all, you should think about where you wish to file for divorce. For most people it should usually be done in the state where the husband or wife resides. Second, one must research the rules surrounding the division of military pensions. There is a federal law that covers how that process is carried out.
The Uniformed Services Former Spouses’ Protection Act is clear about one thing. It says that the state ALWAYS has the power to divide a military pension in a divorce. Of course, each state differs in how it is done.
It’s always important first to check what the rules are in your state.
Active duty can slow down a divorce
To start divorce proceedings, one spouse serves divorce papers to the other. When that happens, they have a short and fixed timeframe to respond with a formal answer.
If your spouse is on active duty, the Servicemembers Civil Relief Act can slow matters down. That’s because it’s a federal law that can delay proceedings for spouses on active duty. A quick divorce isn’t going to happen in those cases. It can also cause further emotional pain for spouses in particular circumstances.
The military won’t give you a lawyer
Some people assume that the military will offer them a lawyer to help with their divorce. While most bases have legal assistance attorneys, they can’t represent people in a divorce.
Whether or not you’re a serving member of the military, Brandon Legal Group can help you. It’s important to hire experienced and qualified attorneys like us to represent you.
Child support payment allocations can get complicated
In all divorce cases including military ones, the state works out the child support payments. A court in the state will assess the divorce proceedings and calculate the amount to be paid. One thing about a military divorce is that payment allocations can be more complicated.
Why? Because some courts might not always take into account a person’s role in the military. A serving member’s pay will be affected by various factors. Examples include base transfers and deployments.
As a serving member of the military, it’s crucial that a good lawyer provides all the facts to the court. Upon doing so, there is a lower chance of an unfair wage assignment taking place for child support.
Military pension divisions can be a gray area
Another potential pitfall of a military divorce is when discussing retirement pensions. It’s vital experienced practices like Brandon Legal Group assist you with your divorce. When it comes to military pensions, matters can get complicated.
Some people assume spouses aren’t entitled to a share of military pensions, especially if the people concerned weren’t married for ten years or more. That’s not always correct. The divorce court has the ultimate say. They will decide on whether they think it’s fair if the non-military spouse gets any money.
The next steps
The above are just examples of how a military divorce can be filled with potential pitfalls. It’s important to have the right legal representation to ensure a fair outcome. Contact Brandon Legal Group to find out how we can help you proceed.