When one or both spouses who are planning on divorcing are in the military, the process isn’t as straightforward as a civilian divorce. In general, guidelines regarding where the exact place to file, as well as the calculation of spousal support and child support among others are significantly different.
Where Should You File for Divorce?
This is something that civilians don’t normally question, but this is important for military personnel filing for divorce. In the majority of divorce cases, you should file in the state you and your spouse agree to or where the spouse serving the military is living in.
What About Child Support, Custody and Spousal Support?
Military personnel, like everybody else, are required under law to provide support for their children. Take note that penalties for non-compliance are more stringent and would come from the Department of Defense itself. Failing to send child support could lead to being relieved of service, says divorce lawyers from Denver, CO.
State laws typically control spousal and child support. However, there are specific issues for military personnel, such as the calculation of support amounts, changing support orders, and enforcing orders of support in case the military spouse is deployed. Visitation and custody could be especially complex by frequent relocation and uncertainty regarding deployment in the future.
What Happens to the Pension and Related Benefits?
While the distribution of pension and other benefits have different guidelines than private sectors, the U.S. military is considered an employer of the military spouse. It offers service men some benefits, such as pension, medical, life insurance, and other employment benefits. Although these employment benefits are subject to distribution in a divorce case, there are still issues to resolve according to military statutes.
All civilian spouses and military spouses must take the time learning all about military-specific issues during a divorce. This is especially true since military spouses have certain obligations and rights that are drastically different from civilians.