Having a successful marriage requires constant effort and attention. With a highly demanding job in the military, the person has to stay away from their family for months, which results in broken or problematic marriages. Most military marriages do not work out because of the long distance and little to no contact for a long time.
It is natural that after a time, there will be frequent fights and pressure builds up. In such situations, most military couples seek a divorce. If you are going through a rough patch in your marriage and are thinking about getting a divorce get legal advice from an expert military divorce lawyer as soon as possible.
Steps involved in a military divorce
- Acquire consent
In a civilian divorce, one spouse usually files a divorce and serves the other partner with their case. Suppose the other partner chooses not to respond or take any action. In that case, the petitioner’s spouse can take out a default judgment from the court, including an order on the child, support, custody, alimony, and property division.
However, in a military divorce, once the petitioner spouse file for a divorce, the respondent spouse can ask the court for a stay of the divorce case. This means that the respondent spouse has the power to pause their divorce in a military divorce. Generally, the period for stay is around 90 days in most states.
- Registering the divorce case correctly:
If the nonmilitary spouse wants to file for a divorce case, they must do it in the appropriate state. An appropriate state is where the nonmilitary spouse or the military service member owns a legal residential property.
For civilian couples, this is never a problem; however, when it comes to military couples holding a legal residency in the state they currently live in might not be so familiar, given their frequent relocations across the country and even international transfers.
Note that even if the nonmilitary spouse claims the legal residency of their military spouse in a state, they can file a divorce case. Even if one spouse owns a legal residence in a particular state, both are eligible to file for a divorce.
- Be aware of your rights.
After registering for the divorce in the correct state, you and your spouse must get to know your rights in the divorce case. Whether it is a settlement agreement or a court case, both spouses must know their rights before the legal proceedings start.