Military divorces present a unique set of challenges that civilian divorces do not. If you are considering getting a divorce and you or your spouse is in the military, it is important to be aware of these challenges and take them into account.
Where to file?
When a military couple divorces, the first question to consider is where to file. You should file for divorce in the state where you are a legal resident. If you are in the military and are stationed in a different state than your spouse, you can file in that state, provided you meet their residency requirements, or in the state where your spouse is a legal resident.
Division of assets
Military couples must also consider how to divide their assets. The division of assets can be tricky in a military divorce, as there are a number of factors that need to be taken into account.
In most cases, courts consider marital versus non-marital property. Marital property is anything that you acquired during the marriage, while non-marital property is anything that you acquired before or outside of the marriage. Generally, the court will divide marital property evenly between the spouses, but other factors can come into play.
Non-marital property is usually awarded to the spouse who owns it, unless there is a compelling reason to award it to the other spouse.
Children and support
When it comes to children and support, the military divorce process is very similar to the process for civilian divorces. The court can consider a number of factors when making a decision, including the best interests of the child, each parent's income and ability to care for the child and which state's laws apply.
Courts also have the power to order one spouse to pay alimony or spousal support to the other. This can be a difficult decision, as it often depends on the spouses' incomes and abilities to support themselves.
A military divorce can seem like a difficult process, but it is important to remember that you can have a smooth process. Just make sure that you research the common issues that come with military divorce and how to overcome them.