In today’s divorces have become quite rampant. Divorces may have contributed because there is less stigmatization against divorce, unlike during ancient times.
Most states have the same divorce process. However, the military divorce process differs slightly as their specific unexpected issues come up.
It is vital to learn about the military divorce process and how it is different from the norm. The knowledge will come in handy whether as an attorney or as a person seeking general knowledge.
Which legal disputes cause the military divorce process to differ from the normal process?
The place at which you filed the divorce.
It is a legal requirement that a divorce is filed in the place of residence of either of the spouses. The spouse must have stayed in that place for close to six months for it to consider their place of residence.
This location is essential due to the division of the military pension. In some states, the court has the power to divide the military pensions.
You are encouraged to seek legal advice before filing for a divorce with a service member.
The pace of the process.
When a spouse serves the other with divorce papers, it is the norm that a response is given. However, in a military divorce, the process can be downed if the spouse is on active duty.
This party can slow down the divorce and the reimbursement of other claims such as child support.
Once the party requests the time, they will be given 90 days, after which you can extend the request.
The military does not provide you with a legal team to represent you during your divorce. However, the legal team can offer advice to you and legal assistance.
The spouse of a service member can also utilize the legal team found at the base for legal advice.
The military requires that all its service members provide child support. You should note that the amount of child support is decided upon by the court.
Therefore, the court should understand the service member’s income as they are prone to changes based on various work factors.
The division of military pensions can be quite a complicated task. You are therefore advised to look for an experienced litigator to ensure you get the best representation possible.
The legal advisor should advise how he can best handle the divorce to ensure that your interests are well represented.
The health insurance of the non-service member depends on a lot of factors. These factors include how long they were married and how long the service member was in service. At times the finalization of the divorce process is held off till the required period is met.
However, if the service member remarries, the former spouse loses their health coverage to the new spouse.
As mentioned above, the military legal team may not represent you as a service member, but they can offer the best advice. They will advise you to seek representation from experienced civilian lawyers with vast knowledge in the military divorce process.