Divorces are difficult no matter what the circumstances, and if one of the parties involved is in the military, the situation can seem even more complex. For those who are seeking divorce and who are in the military or have a spouse who is, there are a few key things to know about how the proceedings will go. The divorce checklist below is a good starting point for gathering some helpful information.
Divorce Checklist for a Military Divorce
- Are you allowed to file at this time?
The Soldiers and Sailors Civil Relief Act is a law in place that says a divorce cannot be filed on a military member who is currently deployed to another state or country, nor can it be filed within 60 days of his / her return. If it is the active member who wants the divorce, this rule can be waived. The spouse on duty must also prove how his or her absence prevents proper representation; if this cannot be proven, the case may go ahead.
- Are you able to serve papers and do you know the steps involved?
Serving papers on a military spouse is a bit more complex than in a typical divorce situation. The papers must be served on the spouse, along with a copy of the divorce action, regardless of where they’re stationed. For this reason, the divorce can only be filed and the papers served while the military spouse is in the state where the case is being filed. One or both of the parties must also reside in that state.
- Do you know your rights?
In a military divorce, the retirement benefits carried by the military spouse are often a hot topic during the division of property. A law in place called the Uniformed Services Former Spouses Protection Act guarantees the former spouse of a military service person some rights to the retirement benefit package. There is also typically a certain amount of gross pay specified by the military that will go to the support of a spouse during a divorce. The situation can become even more complex if the couple has children.
Getting Help
In general, if you’re beginning divorce proceedings against a military spouse, you should discuss it with a lawyer. While the legal assistance on a military base can likely get you started in the divorce proceedings, for further proceedings involving the court case or the division of property, you will need to retain a civilian lawyer to represent you just as in any typical divorce.
