Filing a Divorce in the Military: What You Need to Know

The unique demands of military life, including deployments, training exercises, and frequent moves, can put a strain on relationships and increase the likelihood of divorce. As a result, military members have some of the highest divorce rates of any occupation. When a divorce does occur, it can be complicated by the need to navigate both military and civilian laws and regulations.

It is essential to understand the basics of navigating a military divorce if you are facing one, including the potential impact on military benefits and the rights and responsibilities of both parties. So, hiring an expert, such as those at the Atlanta Divorce Law Group, is essential. These professionals help you navigate the legal realm with ease and get a favorable outcome.

With that being said, here’s what you should know about divorce in the military:

How Long Does a Divorce Take?

The duration of the divorce process is subject to several variables, such as state laws. Virginia family law, for example, stipulates a separation period of six months for couples without minor children and one year for those with minors. Deployment time can count towards separation time.

The level of cooperation, or lack thereof, can also significantly influence the length of the divorce process.

The complexity of the case is also another factor in prolonging the process, especially when issues like property division, child custody, and spousal support are involved. In some instances, a divorce case can escalate to trial, leading to an extended legal process period ranging between months and years.

Can I Get a Divorce When My Spouse Is Deployed?

Unlike civilian employees, military personnel face the unique challenge of deployments. When married to military personnel, you can feel like the wait is too long and wonder if a divorce can proceed during your spouse’s deployment. Typically, the answer is no, due to the Service Members Civil Relief Act (SCRA).

This federal law effectively pauses court cases involving service personnel during deployment. The primary purpose of SCRA is to ensure active duty members can fully participate in court proceedings when they return home. However, they may choose to participate remotely during their deployment, in which case the court will make a determination while they are away.

What Makes Military Divorces Different From Civilian Divorces?

A key distinction lies in the treatment of military retirement pay. Ordinarily, it’s seen as marital property, with the non-uniformed spouse having rights to a portion of it. Though the military member is typically responsible for ensuring the ex-partner receives their share, under very rare circumstances, the Department of Defense may directly send this money to the ex-spouse.

The process timeline can differ significantly in military divorce, particularly when one spouse is on active duty. Post-divorce, the non-military partner may lose certain benefits like healthcare coverage and commissary access.

Do You Need A Special Lawyer?

Filing for divorce in the military follows steps similar to those used for civilian divorces. Once residency is confirmed, you commence the process by filing for divorce and serving your spouse.

The case then goes through the different stages of a divorce process, which sometimes means going all the way to trial. But most cases do not.

Military divorces can involve unique challenges, such as the division of military benefits or determining jurisdiction if you’re stationed in different states or countries. A lawyer with experience in military divorces can navigate these complexities and ensure compliance with both state and military regulations. Ultimately, having the right legal guidance can help streamline the process and protect your interests.

Conclusion

Military divorces involve unique challenges, including the interplay of military and civilian laws, deployment considerations, and the division of military benefits. Navigating these complexities requires careful planning and expert legal guidance. Seeking advice from an experienced lawyer ensures that your rights are protected and helps streamline the process for a more favorable outcome.