What is a military divorce?
For most people, going through a divorce is complicated at best. Learning divorce laws and how they apply to your case can be difficult. For people who are in the military, going through a divorce can be likened to a nightmare because of the special considerations involved in these divorces. Virginia servicemembers and their spouses might be interested in learning the answers to some basic questions.
Where do I apply for divorce?
This question can be a very complex one. Generally, the divorce petition must be filed in the jurisdiction classified as the person's legal residence. This isn't always where the person is stationed. It is normally the location the person has listed as his or her place of permanent residence. In some cases, it might be possible to file for a divorce in the state where the service member is stationed or in the spouse's state.
What laws do I need to know?
A military divorce is subject to federal laws and state laws. These laws mean that certain aspects, such as pension division, might be handled differently in military divorces than they would be handled in civilian divorces involving the same assets.
What is the Servicemembers Civil Relief Act?
The SCRA can prove to be a challenging aspect of military divorce. It gives people in active duty in the military certain rights when it comes to civil proceedings like divorce and child custody matters. Active-duty servicemembers, at the discretion of the court, might not be able to begin divorce proceedings during their active duty status. In some cases, this protection might extend for 60 days following their active duty status.
Military divorces can be complicated. Once you figure out some of the basics like where to file, you have to learn about how to file. Having an experienced attorney on your side who knows the laws might help to make the process easier.
Source: FindLaw, "Military Divorce" Oct. 02, 2014
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