The military sacrifice so much for their country and their families. Even when faced with divorce, they encounter unique challenges along the way. Divorce is a difficult and emotional process for most couples, especially for military couples who face further complications due to their demanding military life and regulations.
If you are filing for a military divorce, it is important you understand the process with the help of a Salt Lake City military divorce attorney. There are unique rules that govern the important aspects of divorce such as child custody, child support, and property division. An experienced divorce attorney can make the whole process more manageable and amicable. You will need to meet some requirements such as mandatory separation periods and go through a long process before claiming your independence.
Where to file for divorce
This is the first and most important step. The military is constantly changing location therefore it is common seeing a military couple that got married in one state move or being deployed somewhere else. They may also own property in another state. In other words, the couple can file for divorce in multiple states as long as they have already established residency. This is why it is crucial to take into consideration the laws of the state where you wish to file for divorce and how they will affect the whole divorce process. Failing to do so may cause some problems along the way and have adverse consequences, particularly when it comes to property division and child custody issues.
Learn about the mandatory laws
Most states have a mandatory separation period before filing for divorce. In Utah, there is a 90 day minimum waiting period before the divorce is finalized. So if you are planning to get divorced in Utah, you should first consider how a mandatory separation can impact the children. Sometimes deployment counts towards the separation periods. These are important things you need to discuss with your Salt Lake City military divorce attorney.
Active duty military
If you or your soon-to-be former spouse is or will be an active duty upon filing for divorce, you should plan accordingly as it will affect the whole process. It can impact awards and divorce settlements as well as separation bonuses. Also, when a military spouse transfers to reserve status, this action can impact points accumulated towards retirement and it may affect pay as well.
Military pensions and benefits
Some people believe that the military service member’s spouse is entitled to receive benefits upon filing for divorce but that’s not necessarily true. Military benefits are calculated by the Uniformed Services Former Spouses Protection (USFSPA). It all depends on the circumstances surrounding your case and the laws or rules governing the division of military assets. However, in most cases, the state can determine how military pensions are divided.
Learn about your options
It is tough keeping your relationship together through trying times, especially if you are married to a service member. Military marriage is not for everyone and it is okay to go your separate ways. To find out more about your options, call us today and schedule a legal case review with Salt Lake City family law attorney Emy A. Cordano.