Special Considerations in Military Divorces Involving Deployment and Relocation

Unique Considerations in Military Divorces

Military divorces can be complex and challenging, often involving unique circumstances that set them apart from civilian divorces. As a service member or the spouse of a military member, you may face a range of issues, from the impact of deployment to the complexities of relocation.

Understanding the special considerations in military divorces is crucial to navigating this process effectively and protecting your rights.

In this comprehensive guide, we’ll explore the unique challenges of military divorces involving deployment and relocation, as well as the legal considerations, custody and visitation issues, and financial implications you may encounter.

By providing you with essential information and practical tips, we aim to help you make informed decisions and successfully navigate the complexities of a military divorce.

Unique Challenges in Military Divorces Involving Deployment

Deployment is a defining aspect of military life, and it can have a significant impact on the divorce process. 

When a service member is deployed, they may face challenges in participating in court proceedings, accessing legal resources, and maintaining communication with their spouse and legal representatives. This can lead to delays, misunderstandings, and additional stress during an already difficult time.

1. Participation in Court Proceedings: Deployment can make it challenging for the service member to physically attend court hearings and meetings with their legal team. This can lead to delays, missed deadlines, and potential disadvantages in the divorce proceedings.
2. Access to Legal Resources: Deployment can limit the service member’s access to legal resources, such as their attorney, financial records, and other important documents. This can make it more difficult to effectively manage the divorce process.
3. Communication Challenges: Maintaining consistent and reliable communication between the service member and their spouse, as well as their legal representatives, can be a significant challenge during deployment. This can lead to misunderstandings, missed deadlines, and potential conflicts.
4. Emotional Toll: The emotional stress of deployment, combined with the added burden of a divorce, can take a significant toll on the service member and their family. This can impact decision-making, mental health, and the overall well-being of those involved.

Impact of Relocation on Military Divorces

Relocation is another common challenge in military divorces, as service members and their families may be required to move to different locations due to the demands of their service. This can complicate the divorce process, as it may involve navigating different state laws, changing child custody arrangements, and addressing the financial implications of the move.

1. Jurisdiction and State Laws: When a service member or their spouse relocates, the divorce may need to be handled in a different state, which can involve navigating different state laws and legal requirements. This can add complexity and potential challenges to the divorce process.
2. Child Custody and Visitation: Relocation can significantly impact child custody and visitation arrangements, as the physical distance between the parents may make it more difficult to maintain a consistent parenting schedule. This can require creative solutions and adjustments to ensure the best interests of the children are met.
3. Financial Considerations: Relocation can have significant financial implications, such as the cost of moving, changes in employment or income, and the need to establish a new household. These factors can complicate the division of assets and the determination of spousal and child support.
4. Emotional Impact: The stress and disruption of relocation can add an emotional toll on the service member, their spouse, and their children. This can make the divorce process even more challenging and require additional support and resources.

Legal Considerations and Protections for Military Service Members

Military service members have specific legal protections and considerations that may apply in a divorce. Understanding these can help ensure your rights are protected and that the divorce process is fair and equitable.

1. Servicemembers Civil Relief Act (SCRA): The SCRA provides certain legal protections for active-duty service members, including the ability to postpone or stay civil proceedings, such as divorce, during their deployment.
2. Jurisdiction and Domicile: Determining the appropriate jurisdiction and domicile for a military divorce can be complex, as service members may have multiple state or international connections due to their service.
3. Pension and Retirement Benefits: Military pensions and retirement benefits are considered marital assets and may be subject to division during a divorce. Navigating these complex financial considerations requires specialized knowledge.
4. Tax Implications: Divorce can have significant tax implications for military families, especially when it comes to issues like the Survivor Benefit Plan, child tax credits, and the Earned Income Tax Credit.
5. Domestic Violence and Abuse: In cases of domestic violence or abuse, military service members may have additional resources and protections available, such as the ability to request a transfer or change of duty station.

Custody and Visitation Issues in Military Divorces

Custody and visitation arrangements can be particularly challenging in military divorces, especially when deployment and relocation are involved. Ensuring the best interests of the children is paramount, and creative solutions may be necessary to accommodate the unique circumstances of military families.

1. Deployment and Custody: Deployment can disrupt established custody and visitation schedules, requiring temporary adjustments or alternative arrangements to maintain stability for the children.
2. Relocation and Custody: Relocation due to military service can necessitate changes to custody and visitation agreements, as the physical distance between parents may impact the feasibility of certain arrangements.
3. Long-Distance Parenting: When a service member is deployed or stationed in a different location, long-distance parenting strategies and tools, such as video conferencing and extended visitation periods, may be necessary to maintain a strong parent-child relationship.
4. Joint Legal Custody: In many military divorces, joint legal custody may be the preferred arrangement, as it allows both parents to participate in important decisions regarding the children’s upbringing, even when physical custody is split.
5. Modification of Custody and Visitation: As circumstances change due to deployment, relocation, or other factors, the need to modify custody and visitation arrangements may arise, requiring a flexible and adaptable approach.

Tips for Navigating the Challenges of Military Divorces Involving Deployment and Relocation

Navigating the complexities of a military divorce can be daunting, but with the right strategies and support, you can successfully overcome the unique challenges you may face.

1. Seek Experienced Legal Counsel: Retain a family law attorney who specializes in military divorces and has a deep understanding of the relevant laws, regulations, and unique considerations.
2. Communicate Effectively: Establish clear and consistent communication channels with your spouse, your legal team, and any other relevant parties, even during deployment or relocation.
3. Understand Your Rights and Protections: Familiarize yourself with the legal protections and considerations available to military service members and their spouses, such as the SCRA and USFSPA.
4. Prioritize the Best Interests of Your Children: When making decisions regarding custody and visitation, focus on creating arrangements that prioritize the well-being and stability of your children.

Call Us for a Free Consultation

If you are facing the unique challenges of a military divorce involving deployment or relocation, our experienced team of attorneys is here to help. Contact us today for a free consultation to discuss your situation and explore the legal options available to you.