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Military families face unique challenges when going through a divorce, especially if one or both spouses are stationed overseas. One of the primary concerns is access to communication—whether it’s the ability to use Wi-Fi or participate in legal proceedings. Military duties can complicate matters further, as they may prevent one spouse from fully engaging in the divorce process. This can also affect the ability to create a shared parenting plan, as traveling between two households may become difficult. In addition, the logistics of military deployments and relocations introduce further challenges compared to civilian families.
Impact of Military Service on Divorce Proceedings
Military service has a significant effect on divorce proceedings, particularly regarding asset division. Military members have access to various benefits, including pensions, 401(k) plans (such as the Thrift Savings Plan or TSP), and medical benefits. These factors come into play during a divorce and must be considered when determining spousal entitlements. The length of the marriage, along with the duration of the service, will influence the division of these assets.
Virtual Divorce Proceedings for Military Families
In the past, military service members stationed overseas might have had to wait until they were back in the country to file for divorce. However, the advancement of technology, particularly since the COVID-19 pandemic, has changed this process. With virtual court hearings becoming the norm, military personnel stationed abroad in places like Italy or Japan can now participate in divorce proceedings using applications like Microsoft Teams or Loom. This flexibility allows military members to engage in the legal process without being physically present in court.
Child Custody and Visitation in Military Divorce Cases
When one or both parents in a military divorce are frequently deployed or relocated, child custody and visitation arrangements require special consideration. Before deployment, military families often establish a family care plan, which outlines the care arrangements for children during deployment. This plan is critical in the event of an emergency or if the primary caregiver is unavailable. If the divorce occurs during a deployment, the parent who remains stateside may temporarily assume primary custody. If both parents are deployed or separated by distance, adjustments to the parenting plan are necessary to account for the logistics of visitation and custody.
Relocation Laws for Military Families
In California, relocation laws typically require that one parent must obtain the consent of the other parent before moving with the children. However, military families may be subject to exceptions in special circumstances, such as deployment or urgent relocations. In some cases, a military spouse may request an expedited hearing for a relocation case to address the urgency of the situation. This process can be beneficial for families who face unexpected moves due to military assignments.
The Service Members Civil Relief Act (SCRA) and Military Protections
The Service Members Civil Relief Act (SCRA) provides several financial protections to military members. For example, credit card interest rates for debts incurred before joining the military are capped at 6%, which can help alleviate financial strain during deployment. Other protections include avoiding default judgments, allowing military members to break leases if deployed, and deferring income taxes. These safeguards provide much-needed relief to military members facing financial challenges during their service.
Legal Separation vs. Divorce in Military Families
In some cases, military couples choose legal separation over divorce. This is often seen when both spouses are active-duty military members, particularly if they are in the process of renewing contracts or awaiting new assignments. Legal separation can allow the couple to maintain benefits, such as health insurance, while avoiding the disruption of a divorce. However, there are drawbacks, such as still being legally married, which can impact the ability to start new relationships or remarry. Furthermore, if the couple decides to divorce later, the entire process will need to be revisited, and additional paperwork will be required.
Impact of Relocation on Child Custody and Child Support
When a military member is relocated due to a permanent change of station (PCS), the logistics of a child custody arrangement must be re-evaluated. This is especially important if the relocation impacts the distance between the parents, making shared custody impractical. Additionally, the relocation can impact child support payments, as the military member’s pay varies depending on location. For example, a higher cost of living in an area like San Diego may lead to higher housing allowances, which could influence child support calculations.
Protecting Financial Interests During Military Divorce
For military spouses, protecting financial interests during a divorce is crucial. Since California is a community property state, assets and pay earned during the marriage are considered shared property. Military spouses should ensure they have access to financial records before their partner deploys, as communication may become difficult during the divorce process. It’s also important to understand the long-term implications of staying in military housing or relocating after the divorce, particularly if children are involved. Military spouses should carefully assess the cost of living in various locations and plan for potential changes.
Seeking Legal Advice Early in Divorce Proceedings
If you’re contemplating divorce, it’s essential to consult with an attorney early in the process. Divorce is a lengthy procedure, especially when one spouse is in the military. In California, a divorce takes at least six months to finalize, and military service members may experience delays due to deployments. Planning ahead and understanding your legal options will help you navigate the divorce process more effectively. Identifying trusted confidants and taking care of financial preparations are also crucial steps. It’s also essential to remember that every case is unique, and advice from friends, family, or online sources may not apply to your specific situation.
Military families, particularly those with service members stationed abroad, face additional complexities during divorce. By consulting with experienced legal professionals, you can better understand your rights and options and ensure a smoother transition through the legal process.
