People from any profession may find themselves dealing with marital struggles. In some cases, a career can contribute to the pressure on a marital relationship. For example, those serving in the military may spend many months away from their spouses due to training or deployment.
Even the instability that comes from regularly relocating when changing bases can put pressure on a marital relationship. The spouses may drift apart or may experience major challenges because of the unique circumstances created by military service.
When military servicemembers or their spouses find themselves facing divorce, they may have questions about how the process differs for them. What separates a military divorce from a civilian one?
The same basic laws apply
Contrary to what some people believe, the rules for custody, financial support and property division are the same in military divorces as they are in civilian divorces. State law, rather than military rules, determines the outcome of litigated divorces.
Generally speaking, servicemembers or their spouses file for divorce in the state where they currently live. For those residing in Georgia, equitable distribution rules apply to marital property, and judges focus on a child’s best interests when dividing parental rights and responsibilities.
Certain unique considerations may apply
Military divorces differ from civilian divorces because of several special rules. For example, there is a federal law that protects servicemembers from a scenario in which their spouse files for divorce while they are on active duty deployment. They have the right to delay divorce proceedings until after they return from their deployment and have an opportunity to secure legal representation.
Civilians can delay notifying their employers about divorce, but servicemembers usually need to communicate the matter to the chain of command relatively quickly. Changes to their living arrangements and benefits can occur when they separate from their spouses.
Additionally, those with children may have to update the family care plan they have on record with their chain of command in case anything happens during training or deployment. They may also need to create particularly complex custody arrangements that address the unique demands of military service.
Military servicemembers and their spouses often need nuanced support as they prepare for divorce proceedings. Getting the right assistance can make it easier to navigate a difficult transition for the family and understand what rules apply in a military divorce.