If you are filing for a military divorce, the state in which the petitioner files influences many aspects of the final decree—but military law also plays an important role. Because of the complexities of these laws, it is an asset to have a military divorce lawyer in Gwinnett County on your side.
Divorce is already difficult, but a military divorce can become more complicated with the addition of military laws.
The Service members’ Civil Relief Act (SCRA) protects active military members from civil suits. The SCRA gives active military members the option to stay, or defer, a court proceeding for at least 90 days and up to the duration of their active duty plus 60 days.
These protections are not automatic, and the servicemember must apply to exercise them.
Is alimony or child support different in a military divorce?
A military divorce lawyer in Gwinnett County explains: In one sense, no, alimony and child support are not different in a military divorce because the servicemember is still obligated to support his or her children. But the cases can be different than civilian divorces because the servicemember can delay the proceedings under the SCRA. The military may even become involved if the servicemember refuses to pay child support.
How does child custody work in a military divorce?
Child custody and visitation is more complicated in a military divorce because the military spouse may be away on active duty, so a typical custody or visitation agreement may not work. The couple should attempt to work out the details in the parenting plan, or the court will make decisions that are in the child’s best interests.
Further, the court may issue a temporary custody order despite the servicemember requesting a delay in the case under the SCRA. The court may do so because it deems it in the child’s best interests to provide stability in his or her living situation.
How does property division work in a military divorce?
The division of military pensions and other benefits in addition to personal property can be complicated in a divorce. The division of these benefits is influenced by the Uniformed Services Former Spouses’ Protection Act (USFSPA) and can involve:
- Health coverage (for the ex-spouse and dependent children).
- Survivor benefit plans (SBP). Spouses have a right to those benefits, just like civilians have rights to an ex-spouse’s Social Security benefits.
Make sure you carefully consider all assets that you and your spouse have together. You should also identify the assets that you owned prior to the marriage. David Ward can help you compile a complete list of all of your marital and separate property.