Resources for Divorce for Individuals Involved in Active Military Service

Last Modified: February 1, 2024
By: Thomas HogleOctober 26, 2022 |

Resources for Divorce for Individuals Involved in Active Military Service

A Mesa AZ military divorce lawyer trained in military divorces will be able to guide you on what to ask for in a divorce. They will know that in the military divorce process, the current rule looks at 20 years of military service and 20 years of marriage. It is then important to consider how much of the marriage overlaps with the duration of service. For example, if the marriage was less than 20 years and the person served in the military less than 20 years, then the benefits that the nonmilitary spouse is entitled to will be reduced. However, this is in contrast to a marriage that lasted at least 20 years, and the spouse served in the military for at least 20 years of this marriage.

This is the basis for the divorce meaning of the 20-20-20 rule in which there are 20 years of active service, married for 20 years, and having 20 years of the marriage and active service overlapping. The nonmilitary spouse in this situation could be entitled to retaining as many benefits as they had before the marriage was dissolved. This may include access to full benefits.

Even though divorce is seen as a civilian matter and not heard in military court, there are certain rules to consider when one of the people in a marriage is in the military. This is one of the reasons why anyone filing for divorce will need to state if the person they would like to divorce is a military service member. When a spouse is within active military service, this can affect the timeline of the divorce process. It may be that the military spouse is not able to attend the divorce hearings, and the nonmilitary spouse may also need to have the military spouse sign a consent form to pursue divorce. A military member who would like to divorce their spouse would need to consider that there are options when they are actively deployed. They will have the option to file in a state where they previously resided for six months, or they can choose to file in the state where they pay taxes. The nonmilitary spouse may also be allowed to file where they are currently residing. Many states have created laws to make it easier for service members and their spouses to file in a state where they are stationed at a military base. Some military members have been able to file in a state where they have been stationed. As stated, filing overseas is never a good idea as the divorce may not be accepted by US courts. Hiring a female divorce lawyer in Mesa AZ will be beneficial if you are wanting a woman divorce attorney.

Determining where to file during the process can be complicated without the help of a divorce lawyer as some military families move around a lot. One of the best things anyone who is starting the divorce process can do is to retain legal help. Having an experienced divorce lawyer who is accustomed to military cases will make a world of difference to the process even when the divorce is amicable. Military divorces will have the same causes of divorce today as a civilian divorce, and in the same way, military members would need to come to an agreement with their spouse. The couple will need to work out how the military spouse divorce entitlements such as money, cars, or residential homes will be divided. The couple will also need to look at any debt that was acquired during the marriage, including loans and credit card bills, and how the debt will be divided between the couple. During the divorce process, it is also necessary to discuss any child support, child custody, or spousal support. You will have to consider whether you would like joint custody or if it would be better for one parent to have sole custody of the children. Some couples may decide that they prefer to go through a legal separation and may have questions such as, “what is a military spouse entitled to in a separation?” A skilled attorney can help with this. It is beneficial to have a family and divorce attorney who is familiar with the process of division of military retirement benefits and how a divorce can impact these benefits as they are considered part of marital property. This will be a key issue to consider when a couple is going through a military divorce. Keep all of this in mind when thinking about how to file for divorce in the military.

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Thomas Hogle
Thomas Hogle is a Principal Attorney at Genesis Criminal Defense and DUI Lawyers, leads a dedicated legal team specializing in criminal defense and DUI cases, offering comprehensive and skilled representation to clients facing legal challenges.
21321 E Ocotillo Rd Suite 125, Queen Creek, AZ 85142

Genesis DUI & Criminal Defense Lawyers - Peoria AZ Office

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