Military divorces often take longer than civilian divorces because divorce for a military couple has additional rules that don’t apply to civilian couples. The emotional burden for military families can be greater due to difficulties of being located in new duty stations, not having family for support, and deployments.The waiting period to get to the finalized court order that ends the military divorce process can be agonizing. The best way to work through these issues is to be knowledgeable about problems before they become larger issues and understanding your rights in the process.
Having an experienced marital and family law attorney in your corner, whether in a military or civilian divorce, can decrease these stresses. If you are considering a military divorce and want more information or help with the divorce proceedings, an experienced Virginia Beach military divorce lawyer will help. Reach out to us for legal advice or legal assistance today.
What Is the Difference Between Military and Civilian Divorce?
The biggest difference between military and civilian divorce comes when one or both spouses are military personnel who may be deployed. This makes the process harder and can create delays that drag out the timeline. Special laws are in place to protect military members in situations like divorce.
The Servicemembers Civil Relief Act (SCRA) prohibits courts from issuing rulings on many aspects of your divorce until you return from active duty. An experienced military divorce lawyer will ensure that all your rights are respected while you are serving overseas.
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Special Considerations for Military Divorces
Military divorce cases involve both state and federal laws. The rights of military servicemembers are protected under federal laws, which also deal with situations such as dividing military pensions and retirement payments. The SCRA protects the rights of armed forces servicemembers from the consequences of inaction and from court proceedings.
This act protects servicemembers from default judgment in civil cases and from a non-military spouse obtaining a divorce while the servicemembers is deployed, on active duty, or recently released from active duty. The SCRA also allows an extension to file a response to papers in such situations.
State laws apply to things like spousal support, child support, and child custody, and they govern much of the divorce proceedings as with civilian divorce laws. The difference between which aspects of divorce are governed under federal laws and which fall under state family laws can complicate proceedings. Fortunately, a military divorce lawyer will help simplify things.
The Servicemembers Civil Relief Act
The SCRA, as mentioned above, protects military members’ rights from default judgments. Normally, when a spouse files for divorce, the other spouse must respond in writing within 21 days. If a military servicemember is on active duty, deployed, or within 90 days of release from active duty, they can file for an extension to respond to divorce papers filed with the courts under this law.
This extension is called a stay of proceedings, and it can apply to any claims related to the divorce, including alimony, child support, child custody, division of military entitlements, and other property divisions. To gain a stay of proceedings, the military spouse must tender a written request, which your military divorce lawyer will help you draft.
The initial stay, once granted, lasts for 90 days, but the courts can, with good reason, grant additional stays. A military spouse cannot, however, gain indefinite stays. Such a delay is only granted when the military member’s duties interfere with their participation in the divorce proceedings.
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How a Military Divorce Lawyer Can Help You File for Military Divorce
You initiate a military divorce in the same way as a civilian divorce, including meeting any residency requirements. You must file the initial divorce papers, called a divorce complaint, with a state court in a state where either spouse has a legal residence.
A divorce complaint can be filed by either a military spouse or a non-military spouse. “Legal residence” requires that one of the spouses have lived in the state for at least six months and intend to remain a resident before they are eligible to file a divorce matter.
A military divorce lawyer can help ensure that all requirements are met and put you in the best position to secure an outcome that aligns with your goals.
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What Happens to Military Retirement Benefits During a Divorce?
It is worth noting that the state of legal residence of a military spouse always has the power to divide military pensions, entitlements, and other forms of military retirement pay in a divorce under the USFSPA (Uniformed Services Former Spouses’ Protection Act).
If the military member chooses, they can consent to the state court’s division of pension, but in many cases, the courts may not have the authority under the law. Normally, retirement payments and other monetary entitlements are handled through the Defense Finance and Accounting Service (DFAS), which receives the money and then issues checks.
Whether you are a military member or the spouse of someone in the military, it is critical that you secure the services of an experienced military divorce lawyer to ensure your rights are protected.
How Long Does a Military Divorce Take?
A contested military divorce can take anywhere from a few weeks to years to resolve, depending on how complex and contentious the case is. If you are deployed, the proceedings can take longer because you can be granted stays of the proceedings.
The time it will take also depends on the grounds for divorce. Some divorces require a period of separation before proceeding, while others require grounds for divorce and proof of fault. This is another reason why it is so important to have a family law and military divorce attorney in your corner.
Need Help Ending Your Military Marriage?
You may be eager to get your divorce over with, but the law provides protection to active-duty spouses, which can prolong the process. Every branch of the military offers legal assistance, which is located on most bases. These attorneys can help with things like writing letters, reviewing legal documents, negotiating, and providing legal information.
However, they cannot represent you in your divorce. It’s essential that you seek representation from a qualified military divorce lawyer. While seeking aid on a base can be helpful for some basic tasks, having an attorney in your corner who can aggressively represent your interests can be vital to ensuring that you get a fair and equitable split in your divorce.
Division of Property and Benefits
Property division, including payouts for child support and alimony, otherwise known as spousal support, is based on total entitlements — including your Basic Allowance for Subsistence (BAS), Basic Allowance for Housing (BAH), and other military benefits.
Your divorce can impact the spousal military benefits available during a marriage, including health care benefits and access to the military spouse’s commissary. Once an initial court order is issued, you may have to return to court and fight to modify it.
Your military divorce lawyer knows how to fight for your right to an equitable split. They may also be able to point you to assistance you can get from your branch of the military. Understanding the various benefits you get and how your years of marriage and years of service play into the divorce is vital. Your Virginia Beach divorce lawyer will help guide you through this difficult time.
Clearer Timelines for a Cleaner Divorce
The military divorce lawyers at Melone Hatley have helped hundreds of military spouses with divorces. Our attorneys understand the process and know what to expect. We will educate you and help advocate for your right to equitable property division, child custody, child support, spousal support, alimony, and other issues.
You are not alone. When you need a friendly ear and knowledgeable guidance, we will be by your side, fighting for you as your partner. We will be clear-headed during emotional moments and will advise you when it is time to fight.
We have represented military families across Virginia, North Carolina, and Florida and are ready to fight for you from start to finish. Call our law office today or use our online contact form for a free consultation with one of our Client Services Coordinators, and check out our client testimonials to get a better idea of the service we provide.
Schedule a call with one of our client services coordinators today.
