JUNE 20, 2023 – Divorce is common and continues to happen to couples globally. However, it can become challenging when dealing with a military divorce compared to a typical divorce. Are you married to someone in the military, or are you an active duty member yourself?
If so, you need to know some helpful information that will help you to navigate the divorce process efficiently without dragging things on and causing more chaos for yourself and your former spouse. Read on below and start the proceedings for your divorce sooner rather than later.
Seek Mediation
One thing that is pushed when you’re seeking a divorce in the military is to seek mediation. When you see a mediation, you will meet with your former spouse and legal attorney to discuss what each of you wants out of the divorce.
This means dividing assets and agreeing on custody schedules with your children and other factors that need to be discussed. If you settle in mediation, it will go before a judge so the divorce can be signed off on.
When you enter mediation, remember that it is about compromise, which means neither you nor your spouse will always get 100% of what you want. It’s about putting everyone in the best position to move forward with their lives, whether dividing assets or selling them and then splitting the profit.
You Need Separate Representation
Because you are in the military or divorcing someone who works there, you have to have separate legal representation. The person that is a part of the military will have legal representation provided by the military, but they will not assist the spouse.
Ensure that when you search for legal representation, you find someone who has previously dealt with military separations. Or has had significant experience dealing with this particular type of divorce.
The reason is that you will need to ensure you consider people’s time and schedule in accordance with deployment dates and other important tasks that the spouse who is in the military will have to adhere to.
Decide Where to Start the Divorce
One thing to do before the divorce begins is decide where to get started. For example, the guidelines for a military divorce in Virginia will be different than, say, conducting a divorce in Georgia. You need to determine the best place to start the divorce and gain a deeper understanding of the protections and rights you have in that state.
Depending on the state you choose, you should know that wherever the military spouse resides, they have the right to divide the pension of that spouse in the divorce. However, if you choose a state where the spouse in the military doesn’t reside or live in, the pension cannot be divided.
The Military & Divorce
When it comes to the military and the divorce process, what you deal with isn’t going to be the same. You need to carefully consider several things and ensure you’re taking care of yourself as it continues.
Start with mediation and begin to make decisions with your legal team from there. For more on divorce, check out some of our other blogs.