If you ask military officials about divorce, they’ll tell you that it’s a civilian matter. That’s not necessarily the case though. Members of the armed forces enjoy certain benefits in handling their divorces that civilians don’t have. Military spouses are also guaranteed a portion of their ex’s pension in many cases. This is why any Ohio attorney that you work with must have experience in handling military divorces.
Unlike civilians, service members can potentially file for divorce in three states.
A member of the armed forces may initiate proceedings in the state where they maintain legal residency, the one that their spouse resides in or the one where they’re currently stationed.
You may find it beneficial to learn more about the different states and how they typically handle child support or custody and property division matters before deciding where to file for divorce.
If you happen to get served with divorce papers while you’re on active duty, then you may be able to request a stay in your case under the Servicemembers Civil Relief Act (SCRA). You may be able to delay any child custody or other civil actions up until 90 days after your release from active duty if an Ohio judge provides relief under this act.
Military officials allow service members’ wages to be garnished or allotted to make sure that soldiers take care of their families financially after they initiate a separation or divorce.
The 10/10 rule allows any spouse that was married to a member of the armed forces for at least 10 years while they’re on active duty to receive a portion of their ex’s military pension. This is deposited directly into the civilian spouse’s account by the Defense Finance and Accounting Service (DFAS).
Civilian spouses may also be entitled to exchange, commissary and medical privileges depending on both the length of service and the marriage.
Divorcing spouses in the civilian world often find the process involved in reaching a settlement to be quite complex. Military divorces can be just as difficult to resolve, especially since there are added rules and provisions that apply to such cases.
It can be beneficial to have a military divorce here in Hamilton guide you in deciding where to file and in understanding your rights and responsibilities in your case. This will give you the best chance of making sure that your interests are protected throughout this process.
