Military Divorce

The military and those not in the forces are not the same. Civilians do not enjoy a number of protections as in matters legal as do members of the military. Divorce is one of those issues but so too are trials, taxes, leases, mortgages and credit cards. Mind you members of the military may be required to travel to and fight in a dangerous war zone so it's not all plain sailing.

And members of the military are given a wide definition. New recruits are afforded these concessions as much as a long-serving member. The cover lasts until the member has left the military for between 30 and 90 days.

The Servicemembers Civil Relief Act (SCRA) is the basis for much of the difference between a military and a civilian divorce. One of the aims of the Act is to postpone or suspend certain civil obligations which a member of the military might face. Note that the word 'certain' applies as obviously crimes are not issues for which a military person can escape the law.

Major Differences

A civilian divorce heard in a state court must adhere to strict residential rulings. In the military such a restriction does not apply. Serving papers for a divorce application has no restrictions in civilian life. In the military the situation is not the same. If a member of the military is serving overseas, they are not required to respond to any divorce application and not for up to 60 days upon their return to non-active duty.

The non-military spouse may request permission to serve papers on their spouse who is serving overseas but that spouse has the right to refuse the papers. A civilian has no such comparable rights. But even assuming a military member on active overseas duty in a war zone did consent to receive the divorce papers, how many process servers would volunteer for such a task?

Mind you members of the military are advised not to totally disregard any such application should they become aware of their spouse's wish for a divorce. The military member can and should via a lawyer or family member or friend advice the court of their present position.

Once the military pension was seen as a military matter but today is far more a civilian matter and is seen by the civilian court as a marital asset to possibly be shared by the non-military spouse. Military rules and regulations come into play here with a variety of conditions which include the length of the marriage, the period of service by the member of the military and the crossover period of these two events. The pension may well be the greatest asset in a military divorce and both parties should be aware of the military regulations and the attitude of the state civilian courts in dealing with this matter.

The USFSPA

State courts will have rules regarding the sharing of assets for a civilian divorce but the federal laws set out in The Uniformed Services Former Spouses Protection Act (USFSPA) mean the military divorce rulings may not be the same as in a civilian divorce. This is a major difference because with a military divorce, there are both state and federal laws which come into play. With a civilian divorce, state law alone controls the outcome.

The simplest advice available on this sharing of marital assets in a military divorce is to, 'hire a lawyer'. The matter does become complicated depending on a number of factors and an experienced lawyer who deals with military divorce is the best way to obtain advice and to receive the best settlement for you.

Whilst the state courts will hand down rulings on such things as child care, child sharing and alimony payments, this same court is beholden to military regulations in the form of the aforementioned USFSPA. How the military pension is split needs to be listed in explicit terms. Both parties in the divorce need to be aware of their rights and ensure their divorce decree states in the clearest of terms how much, if anything, the non-military spouse is to receive. All the more reason to engage a lawyer who deals specifically in military divorce.

Other Benefits

A military divorce can mean the former spouse continues to receive a certain benefit or benefits after the divorce is settled. This rarely if ever happens in a civilian divorce.

For example if full medical benefits were granted to a spouse who was married to a member of the military for at least twenty years, those full medical benefits continue to be available to the ex spouse. Should the non-military spouse re-marry, the benefits automatically cease.

Child support applies in either a civilian or a military divorce but there is one significant difference. If the member of the military fails to pay child support, the neglected spouse can go either to the court which made the order or to the commanding officer of the military spouse. Not many civilians have a commanding officer.

Civilian divorces almost always cite the reason for divorce as being that the marriage has irretrievably broken down. This applies too in the military although regulations do list certain actions including adultery as being behavior likely to bring shame upon the service. This is rarely pursued because it can be difficult to prove and because the so-called no-fault divorce is widely used today.

In many ways a civilian divorce and a military divorce are one and the same. But there are subtle differences and some are not so subtle. Each state court may have its own rules and restrictions but only a military divorce has the involvement of a federal law in the form of the USFSPA - The Uniformed Services Former Spouses' Protection Act. Knowing the provisions of this act and having a first rate civilian lawyer who has a depth of experience in handling military divorce cases is the best way to ensure you get a fair and just outcome.

Here are additional resources you might be interested in:

What are the Benefits of a Military Divorce?

What does your Divorce Attorney need to know about your Military Divorce?

Factors Contributing to Increased Military Divorce Rates

Military Divorce Rate among Military Stationed Overseas

More information on Military Divorce click here.

If you're in the USA and there's no property or finances to settle, then you can do it yourself. There's a number of places online where you can carry out a divorce (which is much cheaper than going through the courts and lawyers). Legal Zoom's 3-Step Divorce Process can provide quick and easy online divorces.

If you're on the verge of having a divorce, read this to Save Your Marriage.

Are you considering getting a divorce? Read the ebook about deciding whether to Get a Divorce or Stay In the Relationship. Every couple should read this before making the decision.