Like many individuals, you likely consider military service a great duty and honor. While true that military service members should garner respect and gratitude for their actions and devotion to our country, these individuals and their spouses often face considerable stress within their marriages for a variety of reasons. Though the stress and other issues may lead to the end of your marriage, going through divorce as a military family does not have to prove overwhelming.
Military divorce may present its own unique challenges, but with the correct information, you may have a better chance of navigating your case more smoothly.
There are specific laws that come into play during a military divorce. Though many aspects of the process may follow similar steps as civilian divorce, active duty military members may face certain struggles in handling their cases, and some laws take those potential difficulties into account. For example, the Servicemembers Civil Relief Act, or SCRA, prevents divorce proceedings from beginning while individuals are on active duty or for up to 60 days after active duty.
Location for divorce filing
As a military member or military spouse, you have likely called various locations “home” over the years. As a result, you may face confusion over where your divorce filing should take place. The three main options for this step are the state where the spouse lives, the state of the military member’s current station or the military member’s state of legal residency. When filing, you may wish to remember that state laws will affect the divorce process.
Other considerations also exist when it comes to the location of the proceedings. In many cases, military divorces can occur in the state where the member is stationed even though the parties may not have legal residency. However, jurisdiction could also play a role, and the proceedings may have to take place in the state of legal residency. Therefore, you may wish to ensure that you have reliable information regarding the state requirements on where to file your petition.
Division of military pensions
Because military pensions share similarities with retirement benefits, these pensions typically go through division during divorce. Specific information and requirements comes into play when it comes to the division of military pensions, and, therefore, you may wish to better understand how this aspect of the divorce proceedings could affect you.
Divorce can weigh heavily on the minds of the individuals involved, and, as a result, you may find the process confusing and have a difficult time making decisions. However, California attorneys could help you navigate the process of military divorce and help ensure that you understand your situation every step of the way.