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How is a military divorce different from other types of divorces?

On Behalf of | Sep 1, 2021 | Divorce

Divorce is complex regardless of the careers of the two Nebraska spouses. However, it can be especially complicated when one or both parents have jobs that could affect how much time they can spend with their kids. This includes military servicemembers who may have to face future deployments, changes in work schedules, temporary duty assignments and more.

A divorce involving a couple where one or both spouses serve in the military can also involve certain legal elements that are more complex. There are special rules and requirements that may apply, and it will be helpful for you to understand these matters in order to ensure the full protection of your rights. While the process may be complicated and overwhelming, it is possible to seek an outcome that allows you and your kids to have long-term stability and security.

Unique aspects of a military divorce

Both federal and state laws affect military divorces. If you are in the military or your spouse is, knowing how these laws could impact you will put you in a position where you will be able to effectively pursue a beneficial outcome to your divorce. Some of these issues may include:

  • The state where you file – While you can file in the state where you currently reside, it may also be possible to file in the state where your current duty station is. A military servicemember could also file in the state where he or she claims residency.
  • Spousal and child support – The military has specific rules regarding the payment of child support and spousal support. The military also has specific steps they can take to enforce support orders.
  • Pensions and benefits – Military pensions are subject to division in a divorce. A non-military spouse’s claim to these assets depends on the length of the marriage and how long the military spouse served while married.

Navigating a divorce is complex, especially when one party serves in the military. If you are a servicemember or your spouse is, it is in your interests to know your rights and how you can fight for terms that will allow you to have both financial security and a strong relationship with your kids. An assessment of your case will help you understand what to do next and how you can fight for a beneficial outcome.

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