Confident, Creative And In Control
Our Lawyers Weather The Legal Storm So That You Don’t Have To

The special issues of military divorces

On Behalf of | Nov 15, 2018 | Divorce |

Military families have many unique circumstances and concerns. So, it may come as little surprise that divorces involving such families can end up looking a bit different from other divorces. Today, we’ll go over some of the unique issues related to divorces involving servicemembers.

Issues regarding what law applies

In military divorce, like other divorces, the law of the state the divorce is filed in plays a big role in what the process will look like and what specific rules will apply. One thing worth noting when it comes to military families is that they may have slightly more choices on what state to file a divorce in than is typically the case. When a military family has multiple choices available on where to file a divorce, what choice is made can have major impacts.

Another important thing to note is that military divorces also have some special federal laws that apply to them. These unique rules are among the things that can give such divorces a noticeably different character from other divorces.

Issues regarding the kids

In any divorce involving parents of minor children, child custody is an important issue. When at least one of the parents is in the military, there can be some special considerations to keep in mind when working out the terms of a child custody agreement. Among these is that it is important for child custody agreements in military divorces to properly address the unique scheduling issues matters like deployment and the demands of military life can raise.

Financial issues

Along with the major financial issues divorces generally raise, military divorces can raise some additional ones. This includes matters regarding:

  • How military pension benefits will be divided
  • Whether a spouse of a military member would still qualify for certain military benefits after the divorce

Addressing the unique issues of military divorces

How the unique issues in a military divorce are addressed can impact how the divorce goes and what long-term impacts it will have on all of the involved parties. What strategies would be best help address these issues depends of the specific circumstances of the divorce and the couple involved. Servicemembers and military spouses can go to skilled divorce attorneys for guidance on what strategies would be the best fit for them.