Every divorce is slightly different from the next. Factors including how long the marriage lasted, the health of the spouses and their financial circumstances influence what happens during divorce proceedings. In some cases, the career choices of either spouse can also impact the divorce process. Military families often make numerous sacrifices related to military service. They may have to relocate regularly, disrupting the development of secondary social relationships. They may spend large amounts of time separated during training or deployment. Those sacrifices can strain marital relationships.
If service members get divorced, technically the same basic divorce statutes apply. However, the process may be slightly different because of the service member’s involvement. What unique considerations separate military divorces from most other divorce proceedings?
The possibility of a lengthy delay
Typically, divorce proceedings follow shortly after one spouse files paperwork with the courts. However, that may not be the case in scenarios involving military service members. Under the Servicemembers Civil Relief Act, people can delay court proceedings during deployment. If one spouse files for divorce while the other is on deployment, they may need to wait until the deployed spouse returns for the process to proceed. This arrangement protects service members from unfair outcomes because they cannot be present at or focus on divorce proceedings due to a deployment.
Issues related to benefits
Military benefits and pay depend in part on a service member’s family status. They receive certain benefits to help support their dependent family members. Housing and medical benefits often end immediately following a divorce. Spouses may need to plan carefully for when that occurs. Military pensions can also become a complicating factor during divorce negotiations. State law dictates how spouses divide their pensions and other assets, but military rules may influence the actual distribution of the pension.
Complicated custody issues
When one parent may have to leave the area for deployment or training, their custody arrangements require more consideration than they do in other scenarios. Spouses may need more thorough custody arrangements that involve virtual or digital visitation, as well as multiple different schedules based on the current status of the service member spouse.
Individuals preparing for military divorce as service members or their spouses often need help navigating this complex process, and that’s okay. Learning more about the unique challenges that arise in military divorces can help people better navigate the family court system.
