Divorce is difficult under any circumstances, but it’s especially complicated if one of the spouses is serving in the military. Military service affects the residency requirements and the allocation of benefits and removes the option of a default divorce.
The best way to resolve these issues and make your divorce as uncomplicated as possible is to seek the assistance of an experienced divorce lawyer. The Cedar Rapids divorce attorneys at Arenson Law Group, PC understand military divorce and the combination of state and federal laws that will affect your case.
How to File for Divorce in the Military
If you want to know how to file for divorce in the military, here are the steps you need to take:
- Contact a divorce attorney who understands military divorces.
- Determine your legal state of residency with the help of your attorney.
- Once you’ve determined the correct state, file the divorce petition with that state.
Your attorney will help you with the complex differences between a military divorce and a civilian divorce.
Differences Between Military and Civilian Divorce
The main differences between a military divorce and a civilian divorce are:
- Residency requirements are different for a military divorce.
- There are no default judgments in a military divorce.
- Benefits are allocated according to the Uniformed Services Former Spouse Protection Act.
The residency requirements for military divorce are different from the requirements for civilian divorce. Under the SCRA, the service member can remain a legal resident of the state they originally lived in, not the state where they are serving, but they can also choose the address of the location where they are stationed as their domicile. Determining where to file a military divorce case can be complicated, so you should seek the advice of an attorney.
In a military divorce, there are no default judgments. This is different from a civilian divorce, where the spouse who wants the divorce can ask the court for a default divorce if the other spouse won’t cooperate. Service members are protected from default judgments by the Service Members Civil Relief Act or SCRA.
The service member also has the right to request a stay of at least 90 days to give them time to return from active duty. If the service member needs longer than 90 days, they can ask the court for an extension. If the court doesn’t grant an extension, it must appoint an attorney to represent the service member.
The Uniformed Services Former Spouse Protection Act also applies to any military divorce. This act controls the allocation of benefits such as pensions, medical insurance, and base access. The benefits a non-military spouse is entitled to are determined by the length of the marriage and the length of the other spouse’s simultaneous military service.
How Long Does a Military Divorce Take
The complexities of a military divorce can make the process take longer than a civilian divorce. So, how long does a military divorce take? That depends. If your former spouse cooperates with you and facilitates the process, the only real complication is determining your state of residency, and the process shouldn’t take much longer than a civilian divorce. If the divorce is contested or property division is complicated, it can take up to a few years to resolve a military divorce.
If a service member cannot attend to a divorce because of their military duties, they have the right to request a stay of at least 90 days. If the service member needs longer than 90 days, they can ask the court for an extension. If the court doesn’t grant an extension, it must appoint an attorney to represent the service member.
What Happens After Divorce Settlement Agreement is Signed
What happens after the divorce settlement agreement is signed? If you are divorcing a servicemember and you are a civilian, once your divorce is complete, you should expect the following:
- Loss of installation housing once your former spouse moves out. You will most likely lose your housing within 30 days.
- Any children you have with a service member may still be eligible for TRICARE benefits until they are 21, or 23 if they are attending college.
- You will lose your TRICARE benefits, but you will have the opportunity to buy temporary coverage.
- You will begin receiving whatever spousal or child support payments were included in the divorce settlement.
Get Qualified Legal Help Today
Divorce is never easy for anyone, but if it needs to be done, then the easiest way to do it is with skilled professional assistance. Contact Arenson Law Group, PC online today or call (319) 363-8199 to get the help you need with your military divorce.