All branches of the military view people as either single or married, which means they don’t recognize a military marriage separation. Lawyers for the military are known as JAG officers, (Judge Advocate General), and they cover a wide range of legal issues. In criminal matters, they serve as both the prosecution and defense and follow the military laws outlined in the Uniform Code of Military Justice (UCMJ). The more experienced JAG officers often serve as military judges in court martial cases or courts of inquiry.
How to Become Legally Separated
Couples who are going through a rough patch in their marriage may choose to separate first before pursuing a divorce. They may want time to see how they do living apart or wish to seek counseling to save their marriage. In order for the couple to be legally separated, they must obtain a legal separation order from the court. Even after the couple is legally separated, the military spouse is still supposed to support their partner unless there is a court order to the waiving financial support. It’s important to note that the military lacks the authority to force an individual to pay support against his or her will. A separation agreement can be converted into a divorce settlement if the judge finds that the agreement is satisfactory to both parties.
Civilian spouses who are separated from their husband are allowed to date while awaiting their divorce. However, if the military spouse dates before being legally divorced, they risk being charged with the crime of adultery.
Military Divorce is Different From Civilian Divorce
If either you or your spouse is currently in the military and you’re contemplating divorce, you’ll find that the laws governing a military divorce are different than those for civilians. All members of the military are legally protected from lawsuits, including divorce proceedings, under the Service Members Civil Relief Act of 2003. A service member can request a stay of civil proceedings for at least 90 days if they meet the following criteria:
- The applicant is currently on active duty or was on active duty 90 days prior
- The service member has notice of the proceeding and applies for a stay
- A written statement explaining why an applicant’s military duty may affect their ability to appear
- The service member’s commander provides a written statement explaining why the service member’s current military duty prevents them from appearing in court
A service member who is stationed overseas does not necessarily affect their ability to appear if they have been granted leave.
Why You Need a Civilian Lawyer
Military personnel and their family members are given free legal services provided by the JAG office. While this may be a benefit in certain legal matters, military lawyers are often not familiar with the state laws regarding divorce proceedings. Civilian attorneys who specialize in family law know that these laws can change frequently. They are familiar with what constitutes grounds for divorce in each state and how this may affect the couple’s divorce. Therefore, it is imperative to be represented by a divorce attorney who is an expert in family law matters.
