Unlike a normal divorce, military family law can be tricky. There are special requirements, benefits and penalties associated with military divorce. If you have questions about military family law, hire a military divorce attorney to help you navigate the process.
One of the biggest differences between a civilian and military divorce is the way in which money is awarded. In the military, retirement pensions and other retirement benefits are not included in the support payments.
Another difference is custody. If a service member has custody of a child, he or she can designate another relative to be their short-term caregiver.
A service member can also have a sole caretaker role for an adult family member. In some cases, the spouse can file for divorce in the state where the service member is stationed. Alternatively, a service member can file for divorce in a different state. In either case, the spouse must have a clear plan for child care.
Another military family law oddity is the ability to place a “hold” on a divorce case for up to 90 days. This can be a good thing for an active-duty service member. If a spouse can prove that there is a real reason to delay the divorce, a hold can help smooth the process.
A military divorce can be complicated, but with the help of a divorce lawyer, the process can be as painless as possible. A good lawyer will also make sure that your rights are protected.
