Are you married to an active member of the armed forces? Do you serve in the military? If yes, then you have to know that the divorce process will be different for you as compared to civilian spouses. This is because the legal process will be slightly different for you. Here are some of the differences between military divorces and civilian divorces that you should know of. This will help you to choose the best lawyer for your divorce case.
One of the major differences between military divorce cases and civilian divorce cases is that military divorce cannot be filed in any court. Military divorce cases can only be filed in courts that have the jurisdiction. The jurisdiction in courts to allow them to handle military cases are determined on a state-to-state basis.
Custody and Visitation
Military divorce cases usually have different custody and visitation principles. This is because of the possibility of either of the parents being deployed for duties. This is why military departments have special rules that will govern the custody of the children in case one of the parents get deployed. The parents are required to have a family care plan. In this plan, the parent being deployed has to identify who will care for the children when they are gone.
Hearing of custody cases can also be delayed in the case of a military divorce case. This is because military laws require that if one of the couples is serving in the military, he or she has to be present when the custody cases are being heard. If one of the couples has been deployed, he or she has to be back before the custody case can be heard.
Military rules require active duty personnel to comply with support and custody orders. If they don’t, they can face disciplinary action. However, calculating support payment can sometimes be complicated because military personnel usually have different components to their pay. These components usually vary from time to time.
The rules that govern how military pension is allocated are usually different. For example, if a civilian spouse is married to a military personnel, he or she must have been married for a several years before they can qualify for a pension. The number of years married must coincide with the number of years the military spouse served. If a spouse qualifies, he or she may take a lump sum or may decide to get paid once the military spouse retires. If you think that you need a family lawyer, then HRK Family Law can be very helpful.