Article

How is a Military Divorce Different From a Civilian Divorce?

Topic: Business NetworkingPublished January 19, 2023

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A regular divorce and a military divorce have various things in common. However, they both are different from one another. If you are a service member or a spouse of a service member, then you need to understand the difference in the legal process and the differences between them.  The military divorce process is completely different from that of a civilian divorce. Military divorces include different jurisdictions, military perks, military orders, and deployment. A Milwaukee divorce lawyer would be the one best suited to guide you through the procedure of a military divorce. Additionally, a lawyer can assist you through all the minor details and ensure your divorce process goes as hassle-free as possible. Difference between Military Divorce and Civilian Divorce.
  1. Jurisdiction: Military cases are generally governed by the states where the servicemen are currently stationed and not in the state where they live. As we know that each state has different laws for divorce and different legal procedures, you need to understand the legalities of the state where your spouse is currently serving
  2. Military Perks: This can be a topic of concern regarding military divorce, as it is a complex procedure to follow. The perks the service spouse was getting will now be divided between both spouses. This includes equal splitting of after-service pension, health care benefits, and much more. An exception is made if the service member's spouse earns more than what the other party earns. In that case, these perks won’t be equally divided.
  3. Deployment: This can be yet another topic of concern while dealing with military divorce cases. One spouse might be working overseas while the divorce is still in process. In such occasions, special permissions are needed for the serving spouse to participate in the divorce while being posted overseas.
  4. Military Orders: Military Orders are also another factor that might bring some hindrance in the process of divorce. This will decide how much time the service spouse will spend with the children and spouse. This can be difficult as the spouse cannot spend as much time as they want with their children.
Speak to a lawyer! Lastly, both parties must understand the process and minor yet impactful legalities involved in the divorce. For this, you must hire a knowledgeable attorney that has practiced military divorce cases and is credible enough to guide you through the case. However, when choosing a lawyer, ensure they are experienced in handling military divorce cases and hold the right knowledge about it. 

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