Getting a divorce is never simple, but when one partner is in the military, the situation can get complicated quickly. Over the years, the federal government has implemented several measures designed to protect service members and longtime spouses. These additional protections can increase the amount of time needed to finalize the divorce, creating additional stress for both parties. Staying informed and being proactive throughout the divorce can make the process easier to handle, but even the most prepared adult can find him or herself overwhelmed. Fortunately, surviving a military divorce is possible if you keep a few tips in mind.
Take Advantage of Residency Exceptions
The first step in most divorce filings is proving that you or your spouse are a resident of the state in which you are filing. A person who is in the military or married to a service member may end up in a situation in which he or she is not yet a legal resident of the state they are living in at the time divorce becomes a necessity.
This prompts many to initiate a divorce in what they believe to be their state of residency, leading to additional travel expenses and the added burden of worrying about being able to attend last-minute court hearings. Taking advantage of state laws that allow a military member or their spouse to file for divorce in the state in which they are stationed, even if traditional residency requirements are not met, can simplify your divorce while saving both parties money.
Utilize the Civil Relief Act
Military divorce rates have slowly started to decline, but the chances of a divorce being initiated during a deployment remain high. The marriage challenges associated with deployment include long-term separation, anxiety, depression, and resentment all combining to increase the likelihood of one or both parties wanting a divorce.
A spouse who has remained behind may attempt to file for a divorce while the service member is still deployed, hoping to get a favorable settlement without engaging in a long battle with his or her spouse. If your spouse suddenly files for divorce while you are on deployment, utilizing the Service Members Civil Relief Act allows you to postpone all court proceedings until you are able to attend.
The act protects you from having an unfavorable judgment entered against you if you are unable to attend court because of duty.
Remember Moving Expenses
A person who is focused on having his or her marriage legally dissolved often forgets to plan for the future immediately following a successful divorce. One thing you do not want to overlook is having your moving expenses covered by the military or included in your divorce negotiations.
If you or your spouse are stationed in Hawaii and plan to return to Ohio after the divorce is finalized, the last thing you want to worry about is financing your move. The military may pay for moving expenses, especially if you are stationed overseas, or the couple can include reasonable moving costs in the divorce settlement.
Contact an Attorney
Even with careful planning and knowledge of tips that can make your divorce more manageable, it is easy to forget major details that can ultimately cost you emotionally or financially. Turning to a military divorce attorney for help is the best way to protect yourself and ensure your divorce is handled properly.
The attorneys at Lawrence Law Office realize how difficult it is to get divorced while you are in the military or married to a service member. Our staff is ready to provide you with the legal advice you need. Contact our conveniently located Columbus, Ohio office today so that we can discuss your case.