8 Basic Things About Military Divorce You Should Know
There are some different rules in military divorces as in considering military divorce attorney and some other things which makes it different from the civilian one. When you are in military or your spouse is in military, the divorce cases are treated completely in different manner. It is especially applicable when the military person is still in service and not retired at the moment. For instance, the timeline to participate in divorce for the whole process is not the same if it is filed by the spouse serving in military. Others could be division of military pensions, base housing, military health insurance, child custody agreements and so on are quite different than civilian divorce.
Does the Military spouse have any influence on your life after getting divorces?
Yes, in case you have children together while there is no influence on your life after divorce in case there is no child involved. It is because generally child custody is given to civilian parent because of not moving frequently and if abusive factors are not involved so the military spouse has to face hard challenges while staying in contact with kids frequently. Also, you both cannot have traditional visitation agreements due to different stationing of military spouse. However, your family lawyer can still help you in keeping the child custody regardless of being in military or no.
Can the civilian spouse get health coverage from military after getting divorce?
It varies from case to case as it depends on several factors in military. For instance; major factors include the total service of military spouse, total years of marriage between both spouses and military spouse gets remarried again or no. In case of remarrying, the civilian spouse completely loses the health coverage while it can be retained if you meet certain number of years for other two factors.
Does the lawyer should must have experience with military laws and policies?
Yes, it is because military divorces are really unique than the civilian divorces so a lawyer must be well experienced about the military laws and policies. It has a huge impact on military divorce attorney especially which can affect either of the two spouses for years to come in future.
Where to file divorce case as the military spouse might be stationed somewhere else during the case?
It depends if the civilian spouse is willing to travel which is not the case in general. So, mostly people prefer to file a case where the civilian spouse is residing. However, the final decision on divorce may drag a lot as court is liable to give extensions and high leniency to the military spouse to make it possible for him/her to appear in the hearings.
How will the child support amount be calculated?
The civilian spouse might need help from his/her family lawyer as it is quite different in military divorces. It is because the military spouse can get assistance directly from military where they are required to pay adequate child support amount for their children. However, both spouses may contact the legal assistance attorney on base or the commanding officer for getting help in child support.
Will the military spouse get lawyer from military?
There are designated lawyers in military for them but those lawyers cannot be hired for divorce cases. However, those lawyers may help the military divorce spouse in legalities, negotiations and necessary documentation. Military divorce attorney are anyway decided in court after all hearings done between both spouses in their presence.
How is the division made in military pensions for civilian spouse?
To some extent, it is also dependent on the number of marriage years and total service of military spouse but it is a bit flexible case. Generally, if marriage lasts for ten or more than ten years then the civilian spouse will be given the fair share of military pension but if it is lesser then there comes few terms in agreement by the court.
Does the civilian spouse bound to move along with stationing of military spouse?
No, there is no need for civilian spouse to move as per the court agreements. However, if military spouse has the child custody then the civilian spouse may take help from his/her family lawyer fairfax VA to make meeting arrangements with their children.