5 Unique Challenges of Military Divorces

Military life is hard on both the servicemember and their spouse. These difficulties do not go away just because the couple decides to divorce. Instead, a military couple who divorces will find that new challenges replace the ones they faced while married as the divorce unfolds.

Military couples considering divorce should obtain competent and experienced legal counsel. Failing to address the unique issues present in a military divorce can lead to delays in ending the marriage and other legal complications.

Common Difficulties in Military Divorces

Just like civilian divorces, every military divorce is unique. Not every couple will face the same hurdles as they seek to end their marriage. However, if you or your spouse are or were in the military, you should talk to a qualified lawyer about these five issues:

1. Jurisdiction

Every state has requirements as to who is eligible to file for divorce in that state, and Michigan is no different. As part of these requirements, you or your spouse must have resided in Michigan for a minimum of 180 days prior to filing for divorce. It can be difficult to meet this requirement if you or your spouse were recently stationed in Michigan.

2. Serving the Military Member With Notice of the Divorce

If one member is currently deployed or on active duty, serving them with notice of the divorce can present challenges. Depending on their location, you may be unable to serve them personally. Instead, you might have to rely on other means of giving the servicemember notice of the divorce proceedings.

3. Default Judgments and the Service Members Civil Relief Act

The Service Members Civil Relief Act (SCRA) grants legal protections to active-duty service members. One specific protection allows them to challenge default judgments entered against them if they cannot attend court proceedings. This protection can undo custody or other orders the court entered by default, putting these issues back before the court.

4. Retirement Benefits

A service member’s military retirement benefits are considered marital property and subject to division as part of a divorce. The court divides these benefits fairly but not necessarily equally. However, any such division must be followed up with a Qualified Domestic Relations Order (QDRO) to carry out the court’s orders.

5. Child Custody

Active-duty service members can find themselves at a distinct disadvantage in child custody proceedings. Courts consider a child’s best interests when making custody and visitation decisions. Custody arrangements and visitations can be complicated if one parent is in the military. These complications only increase when the service member is stationed overseas or deployed.

Experienced Counsel for Military Families From Gucciardo Family Law

These difficulties and challenges necessitate retaining experienced legal counsel to address the needs of military families. Gucciardo Family Law attorneys are skilled in navigating the complexities of a military divorce proceeding. Whether you are in the service or you want to divorce your spouse who is serving, Gucciardo Family Law can help. Contact our office today and schedule a consultation to discuss your case.