Marrying someone in the army is a tough choice, as your spouse is going to leave quite often and he or she might be sent to war for months on end. But when you decide to divorce someone in the military forces, things get even more complicated. Any divorce is hard, but military laws are much stricter than civilian laws, so here is what to expect when divorcing your military spouse.
Cheating is a big crime in the army
Army comes with a uniform all its recruits need to respect and every single conducted mistake can lead to the military court. Infidelity is nothing easier in the military life, so if your spouse is cheating on you, things are going to get ugly. The army can decide the cheating husband discredited the uniform and the institution, so if you have solid proof of the infidelity that your lawyer can bring as evidence in the trial, your ex could be accused of disturbing the military work environment and he or she might be discharged.
Location of divorce does matter
For a military wife it matters a lot where you divorce, because each state has different laws when it comes to filing for a divorce. For example, in Puerto Rico the military pension won’t be divided; in Virginia deployment can be taken as legal separation and the spouse which filed for divorce doesn’t have to deal with all the documentation needed for separation. These laws can make your lawyer’s task easier or way harder, so make sure you know what are your benefits depending on the state you are divorcing in. If you are not sure, ask a specialized military divorce lawyer for counselling.
Being a military spouse has lots of benefits in some cases, as there are states where up to 50% of the retirement payments go to the former spouse after the divorce. However, this depends on the military court, which can decide if the retirement funds are marital property or not.
To be entitled to such compensations, you need to have been married to your military spouse for at least 20 years. He or she also needs to served for at least 20 years and your marriage needs to have taken place for 20 years of your spouse’ active service.
Filing for divorce while your spouse is in an active war zone
This decision is easy to take for the spouse who stays home, but it can be devastating to the spouse who is serving in war zones, away from his or her loved ones, who may offer their support. However, these things do happen. There are states where the home-staying spouse can file for divorce while the partner is at war, but the papers won’t be finalized until there is a signed waiver.
Service member Civil Relief Act states that no civil court can act on a divorce requirement at least 90 days after the suit is filled.
If you have to divorce your spouse who is on the military forces find a specialized military divorce lawyer, with experience in the field, who can sort things out and make the process as smooth as possible for both partners.