Call Us Now
Email Us Now
The average divorce is complex and heartbreaking, and for an active member of the military it can be even more difficult. While dealing with a divorce while serving in the military presents a specific set of challenges, the most important thing to remember is that it’s very possible, and you can still get the outcome that you deserve. But remember, the process of a military divorce is not the same as other divorces and there are specific laws and issues that to consider.
Where Should I File for Divorce?
Most people are required by law to file for divorce in the state in which they permanently reside. In a military divorce, there are severe options regarding which state a service member is allowed to file. Federal law gives the power to divide the service member’s pension solely to the state in which the military member resides. There are similar laws regarding other aspects of divorce that vary from state to state, as well. Discussing your case with an attorney who has experience with military divorce will allow you to make an educated decision about which state to file in order to get the most beneficial results.
Can a Service Member Delay a Divorce?
In a typical divorce, there is a short amount of time allowed for a spouse to respond after being ‘served’ with divorce papers. For active service members, this time can be extended significantly. Federal law allows for military members who are currently performing military-related duties to request a ‘stay’ on the divorce proceedings, delaying it for up to 90 days. After 90 days, additional postponements can be requested, as long as military-related duties are interfering with the direct participation of the military member in the divorce process.
Will the Military Provide Me a Lawyer?
While there are attorneys provided by the military that are available to active service members, they are not able to represent you in your divorce. They can be helpful for giving advice, reviewing documents, and writing letters on your behalf, but it is essential that you seek out the assistance of a private lawyer who specializes in divorce and has the freedom to perform all of the duties necessary to provide you with a favorable outcome.
For more information about how to successfully navigate a military divorce, contact the experts at Bailey, Smith & Bailey, P.C. With over 60 years of combined experience, the expert divorce attorneys at Bailey, Smith & Bailey are well versed in the laws surrounding military divorce and can get you the results you need. Contact us today for a free consultation.