Military divorces differ greatly from civilian divorces

| Jul 29, 2020 | Divorce |

For Minnesota residents contemplating divorce, the process is often straightforward. They need to abide by the state laws for everything related to the divorce, including custody of any children, the distribution of assets and the actual dissolution of the marriage. For military couples, however, the process can be a lot more complicated. Military divorces are governed by rules and regulations that don’t exist with civilian divorces.

When a military couple gets divorced, both federal military laws and state laws will apply. For a process that involves managing child support and spousal support payments, dividing up pensions and serving orders, the fact that the military is involved can make the entire divorce a lot more complicated. For instance, federal laws govern certain elements of the divorce like the military pension while state law may handle other types of asset distribution.

Another thing that can make military divorce is tricky is the fact that service members who are on active duty can apply for a stay. This is called the Servicemembers Civil Relief Act, or SCRA and means that the service member can essentially put the divorce on pause until they return from active duty. This law only applies to service members who are on actual active duty and not simply residing on local bases.

Child custody and child support issues can also be more complex in military divorces, especially when the military member is on active duty. This could mean that the service member will find it difficult to see their children.

A military divorce can be confusing, so people who are going through this type of divorce may find it helpful to work with a law firm that has experience managing the complicated issues involved in military divorces. An attorney may be able to help their client navigate the process so that everyone has a satisfactory outcome.