Any family going through a divorce can face uncertainty. The divorcing couple must figure out how to divide their assets and liabilities and determine critical issues of custody, spousal maintenance, and child support. When one or both spouses are military members, there are even more issues to decide, which can raise the level of complexity.
It is critical to work with a compassionate divorce attorney who understands the unique issues involved in military divorces. A Rochester military divorce lawyer may be able to help guide you through the legal process.
A petitioner must file a divorce claim in a state Court that has jurisdiction over both parties. Typically, a petitioner would file for divorce in the state where they lived with their former partner. Establishing jurisdiction can be more complicated in a military family because service members move frequently.
A Court would look at various factors to determine the parties’ domiciles. For instance, the Court could examine where the individual is registered to vote, where they registered their car or boat, and where they file state and local taxes.
A dedicated military divorce attorney in Rochester may be able to help a petitioner prove domicile and personal jurisdiction by gathering supportive evidence.
If one spouse is deployed and serving overseas, the other spouse might not be able to obtain a divorce immediately. According to the Servicemembers Civil Relief Act (SCRA), active duty service members receive certain extra protections against legal or financial transactions that could affect them adversely, such as a divorce.
The SCRA does not permit a Court to enter a default judgment against an active duty service member serving overseas. Instead, the Court would typically grant a 90-day stay or extension of that civil judgment.
If the spouse seeking the divorce is the military member serving overseas, they face different obstacles. Although the SCRA does not protect their spouse, their deployment poses other complications because they cannot be there in person. While overseas, the military member would need to rely on a trusted attorney to act on their behalf during the legal proceedings.
Sometimes, it is in the best interests of both parties to wait until the end of a deployment. A Rochester lawyer may review the details of a situation and offer advice on how and when to proceed with a military divorce filing.
Military spouses have unique property and spousal maintenance issues. According to the Uniformed Services Former Spouses’ Protection Act, a non-military spouse might be eligible to collect a portion of the military member spouse’s retirement, depending on the length of the marriage and the length of the military member’s service.
Dividing federal health insurance, life insurance, and other benefits could also differ with military spouses. In addition, the military requires that military members provide child support for their children. A well-versed legal team could explain how the applicable federal laws may affect the division of a couple’s assets.
Courts try to award shared custody to both parents. If one parent is deployed on active duty, a Court might have to issue temporary custody to the non-military spouse. However, when the active-duty spouse returns, with the assistance of a knowledgeable legal professional, they could ask a Court to reopen the issue of child custody and make a determination based on the best interests of the child.
Although every divorce is difficult, military divorces present unique challenges. It is essential to work with a seasoned legal team that understands what military families need.
A Rochester military divorce lawyer may be able to answer your questions and help you through the process. Call an experienced family attorney today to set up a complimentary consultation.
Colwell Law
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(518) 462-4242
1241 Pittsford Victor Rd