Military Divorce: The Process, Challenges, and Resources

We will discuss the process of military divorce and some of the challenges and resources available to help you through it.

Military divorce can be challenging, especially if both spouses are active-duty members. We will discuss the process of military divorce and some of the challenges and resources available to help you through it. If you are considering a military divorce, it is essential to understand your rights and options.

What Is Military Divorce?

Military divorce is the dissolution of a marriage between two military members. The process is similar to a civilian divorce, but some unique aspects can complicate it. For example, if one spouse is deployed overseas, serving them with divorce papers can be difficult. There are also different rules for dividing military retirement benefits in a divorce.

One of the biggest challenges of military divorce is navigating the process. The military has its system for handling divorces, and it can be challenging to understand all the rules and regulations. If you are considering a military divorce, it is essential to seek out resources and information to help you through the process. Speaking to a Sugar Land Divorce Lawyer about your specific situation can help you understand your rights and options.

What’s The Difference From Civilian Proceedings?

Although the process of military divorce is similar to a civilian divorce, there are some key differences. One of the most significant differences is that military divorces are handled by the military justice system, not the civilian court system. For instance, if one spouse is deployed overseas, they must be served with divorce papers through the military’s chain of command.

Another key difference is how military retirement benefits are divided into divorce. In most civilian divorces, retirement benefits are considered marital property and can be divided between the spouses. However, in a military divorce, retirement benefits are generally not divided between the spouses. Instead, the non-military spouse may be awarded a portion of the military spouse’s retirement pay for spousal support.

The Process Of Getting A Military Divorce

One spouse must file a Petition for Dissolution of Marriage with the court to begin the process. The petition must then be served on the other spouse. If the other spouse is deployed overseas, they must be served through the military’s chain of command. Once the petition is served, the other spouse has 20 days to respond.

If the spouses cannot agree on all the terms of their divorce, they will need to go through a trial. During a trial, a judge will decide on issues such as child custody, property division, and spousal support. Once a judge makes a decision, it is final.

Effects Of A Military Marriage Dissolution – Benefits

A military divorce can have several effects on benefits. For instance, if you receive medical benefits through your spouse’s military health insurance, you will lose those benefits once the divorce is final. You may also lose access to on-base housing and other privileges, such as access to the commissary.

In some cases, a military divorce can also affect your ability to receive military retirement benefits. Generally, only spouses who were married to a service member for at least ten years are entitled to receive a portion of their retirement pay in a divorce. However, there are some exceptions to this rule.

Housing Installation

If you are a military member going through a divorce, you may be able to live in on-base housing. However, you will need to get approval from your commander. To be eligible for on-base housing, you must:

  • Be in the process of a divorce or legal separation
  • Have primary custody of your dependent children
  • Not have been convicted of a felony

If you are approved to live in on-base housing, you will be able to stay there until the divorce is final. Once the divorce is final, you will need to move off-base.

Healthcare Benefits

If your spouse’s military health insurance covers you, you will lose your coverage once the divorce is final. You may be eligible to continue your coverage through the military’s Temporary Continuation of Coverage (TCC) program. To be eligible for TCC, you must:

  • Have been married to the service member for at least 20 years and have a child who is enrolled in TRICARE
  • Be entitled to a portion of your spouse’s military retirement pay

If you are eligible for TCC, you will be able to continue your coverage for up to 36 months. After that, you will need to find other health insurance.

Moving Costs

If you are a military member who is getting divorced, you may be able to get help with your moving costs. The military’s Permanent Change of Station (PCS) program will reimburse you for some of your moving expenses. To be eligible for PCS benefits, you must:

  • Be in the process of a divorce or legal separation
  • Have primary custody of your dependent children

If you are eligible for PCS benefits, the military will pay for some of your moving expenses, such as shipping your household goods and traveling to your new duty station.

Child Custody And Support

If you are a military member getting divorced, you will need to make arrangements for child custody and support. If you have primary custody of your children, you will need to ensure that they have a place to live and that their needs are taken care of while you are deployed. You may also need to arrange for someone to take care of them while you are gone.

If you do not have primary custody of your children, you will still need to ensure that they are taken care of financially. You will likely be required to pay child support. The amount of child support you will have to pay is based on several factors, such as your income and the child’s needs.

Spousal Support

If you are getting divorced, you may be required to pay spousal support. The amount of spousal support you will have to pay is based on several factors, such as your income and your spouse’s needs.

You may also be required to pay alimony, a type of spousal support paid after the divorce is final. The amount of alimony you will have to pay is based on many factors, such as your income and your spouse’s needs.

Final Words

Divorce can be a complex and challenging process, especially if you are in the military. However, there are resources available to help you through it. If you are going through a divorce, be sure to take advantage of the available resources.

 

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