Is a Military Divorce Going to be Different?
There are extra hardships and considerations for servicemembers and their families in many aspects of life. It should come as no surprise, then, that there are going to be special considerations in play when it comes to a military divorce vs a civilian divorce. This is for a couple of different reasons.
First, service members are specially bound to the Department of Defense, and the military holds special power over them that can come into play in divorce and divorce related court orders.
Second, military families operate very differently in certain ways than your typical civilian family. This can lead to extra challenges and special considerations and allowances made to military members. For example, one complication that often arises is an uncertainty of where to file divorce. If a military family has only recently moved to a state and has not retained residency, the service member spouse just deployed to another country, and the remaining spouse wants to move back home to a third location and take the couples’ child with them: what court has jurisdiction here? What is the filing spouse supposed to do?
The above is just one example of how it is important to be aware of some of these special circumstances and considerations as servicemembers and their families anticipate divorce actions.
This article will briefly scratch the surface of some of the most important topics you should have in mind as you consider a military divorce. For more information and to discuss the precise details of your own case with a competent divorce attorney, contact our esteemed divorce attorneys at Fort, Holloway & Rogers.
Benefits and Pension Rights
In many ways the military operates under different rules than that of the private sector. However, for the purposes of divorce and support, it is important to remember that for servicemembers, the military is their employer. The military provides various benefits, which includes a pension, and other support such as life insurance options are made available. These are benefits that can be subject to division in the case of a divorce under certain circumstances, in accordance with the state law. In Tennessee, a former spouse may be entitled to receive a portion of a military members’ retirement pay, for example, if the marriage and the servicemember’s active duty lasted at least ten years.
The specifics of what the non-servicemember spouse might be entitled to and under what circumstances can be a nuanced topic. For specific advice relevant to your circumstances, contact one of the experienced divorce attorneys on our team.
Support for Spouses and Children
The Department of Defense has special powers when it comes to their service members. Unlike a civilian, the military has the power to enforce the state’s court-ordered support orders via implementing sanctions on servicemembers who do not comply. Just like civilian spouses, servicemembers are required by law to provide necessary support to their family.
Having a military divorce may complicate certain issues as well, such as questions on how to enforce support orders after a service member is deployed. Experienced legal counsel can help you to understand next steps.
Contact Fort, Holloway & Rogers
Nuance can turn the outcome of any case. The esteemed Franklin divorce attorneys at Fort, Holloway & Rogers have helped countless clients sift through the details of their own circumstances, understand the various forces and play, and make informed decisions on their next best steps as they move forward. Contact our team today to receive experienced guidance through any complication you may be facing in your own case.
Sources:
wisbar.org/NewsPublications/InsideTrack/Pages/Article.aspx?Volume=16&Issue=7&ArticleID=30377
military.com/daily-news/opinions/2023/06/22/why-divorce-particularly-hard-military-families.html
