Divorces for people in the military can be a little more complicated than those for civilians because one of the spouses may be stationed overseas or in another part of the country. Though this may pose some difficulties, it is not too much different than a divorce that a civilian would need. The complications come in when it comes to serving divorce papers, determining residency requirements, and dividing up a military pension. Additionally, active duty members have certain protections under the Soldiers and Sailors Civil Relief Act regarding default judgments for any matter of divorce.
There are many different residency requirements that a military member can fall into because they may be stationed away from where they usually live. The law currently allows a military member to file for divorce either in the state where the couple lives, the state in which the military member has residency, or the state in which the military member might be stationed at the time divorce is filed. Just like any civilian divorce, the person filing for divorce must serve their spouse divorce papers. This can become difficult if the spouse is stationed overseas.
A lot of people wonder what may happen to the pension in a military divorce. If a civilian spouse was married to a military member for a minimum of 10 years and if the spouse served in the military for 10 years or more, the non-military spouse will be given part of the military pension.
There are many other complicated factors that go into a military divorce. If you are a member of the military or you are married to a member to the military and are considering divorce, contact an experienced divorce attorney today.
Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.