Unique Elements of Military Divorces
In most ways, divorce for military couples is exactly the same as it is for the average person. However, due to some federal laws and other certain aspects of military life, there are a few unique differences in military divorce that you should be familiar with if you are seeking one.
The first difference is where you actually go to file your divorce papers. For civilians, they file their divorce in the state in which they reside. It’s slightly more complicated for military couples. They could file the divorce in the state where the service member(s) claim residency. If one of the two is not in the military, they may also file the divorce where spouse not in the military resides. Finally, the divorce could be filed where the spouse in the military is currently stationed.
If the service member is overseas while the other spouse wishes to file divorce, they have the ability to postpone the case until their return to the United States, as having an ongoing divorce during deployment could become a dangerous distraction. They will also have at least 90 additional days to issue a response to the filing. However, if the service member so chooses, he or she can have an attorney proceed with the divorce on his or her behalf.
Any spouse that has been married to a person in the military for at least 10 years, during which time he or she was an active service member, is entitled to half of any military pension earned by that service member. However, this is negotiable. The spouse could decide to exchange their rights to a split pension for something else in the divorce agreement.
For more information about the special circumstances and issues related to military divorces, contact an experienced Queens family law attorney with Bryan L. Salamone & Associates.