Unique Considerations In Military Divorce

June 20, 2013 (Press-News.org) Military members face unique challenges in both their professional and personal lives. Long deployments make it challenging for some military members to stay in touch with their families and have been linked to a growing military divorce rate. Between 2001 and 2011, the divorce rate increased from 2.6 to 3.7 percent, though it dropped slightly to 3.5 percent in 2012. For female soldiers, the divorce rate is significantly higher -- at 9.4 percent.

In response, some branches of the military have created workshops for couples in the military. The Marines, for example, provide a two-day workshop to give couples the tools they need for a successful military marriage.

Yet, military marriages often dissolve despite the efforts that spouses put into keeping them together. And tours, extended exercises and varied work hours can make it difficult to maintain the comfort levels experienced in the past.

When A Military Marriage Dissolves

When a military marriage dissolves, there are unique considerations that must be taken into account, including:

Protection under the SCRA: The Servicemembers Civil Relief Act allows courts to delay civil proceedings, such as divorce proceedings, while a service member is on active duty (and for 60 days following active duty). A servicemember may, however, decide to go through with his or her divorce while on active duty.

Service: If a military member is oversees, it may be difficult to serve him or her with divorce papers. It is possible to request service through the military authority, but the military spouse must agree to accept the service.

Where to file the divorce: There are three places where a military divorce may be filed: 1) The state where the military spouse lives; 2) The state where the servicemember is stationed; and 3) The state in which the servicemember is a legal resident.

Custody (conservatorship) and visitation:Determining child custody and visitation arrangements can be challenging when a servicemember is overseas. How will your conservatorship and visitation agreement take into account the military member's time overseas? Will it need to be modified when he or she returns from service? If the spouses live in different states, what parenting schedule best reflects what is best for the children?

Military retirement: The division of military retirement benefits is dissimilar to the division of other retirement plans. How much money a spouse can receive depends on how much time a military member has served in the military and how much of that time overlapped with his or her marriage.

As you can see, the unique considerations in military divorce often make divorce more challenging for military members and their spouses. If you are going through a military divorce, it is important to work with an experienced attorney who understands specific military needs and makes accommodations for military situations in order to resolve the unique conflicts that can surface throughout the course of a military divorce.

Article provided by Kerr, Hendershot & Cannon, P.C.
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