Every divorce involves challenges, such as division of property, child support and alimony. Couples involved in a military divorce face some additional issues regarding where to file for divorce and military personnel benefits and special requirements for military personnel regarding child custody.
Service members should not file for divorce overseas because those rulings may not be recognized in the United States. That risk may be avoided by filing for divorce in the state where the service member is either stationed or a legal resident, or in the state where the nonmilitary spouse lives. If divorce proceedings are initiated while a service member is deployed, the lawsuit will be delayed until the end of the deployment.
Military personnel are also entitled to long-term benefits, such as pension and retirement, military housing and health care. Nonmilitary spouses may be entitled to these benefits depending on, among other factors, the length of the marriage and the length of military service.
In addition to a child custody agreement, service members who are single or married to another service member must create a family care plan. This plan must include details such as who will be the short-term, on-call caretaker and the long-term, non-military caretaker of the children. Instructions and information will also need to be included in case of the military parent’s deployment or death.
The lawyers at Melinda Weerts Law, PLLC, are knowledgeable about military divorce and are familiar with its unique challenges. We can discuss the advantages and disadvantages of all legal options and advise clients on how to proceed in their best interests. Our practice is devoted solely to family law matters and we attribute our success to Melinda Weerts’ strategy, which involves diffusing anger and fear, determining the issues to be handled and diagnosing the proper remedy. For more information regarding military divorce, please visit our Military Divorce page.