Military members are protected by federal law from divorce actions when they are active duty. These laws prevent their spouse from filing for a divorce while the service member is deployed or out in the field. When starting the divorce process, it is urgent that all parties understand the laws and guidelines related to these cases first. An attorney provides assistance for service members and their spouses.
How Do Divorce Grounds Affect the Military Member?
Under Article 134 of the Uniform Code of Military Justice, a ground of adultery could lead to a court-martial for the military member. However, the military requires extensive evidence to substantiate the claim by the military member’s spouse. The spouse must prove that the military member had sexual intercourse by admission or through photographic or video proof.
How is Child Custody Managed?
Child custody arrangements could present major obstacles for military members and their spouses. Typically, joint custody is provided for these families; however, special conditions may apply. The court will make every attempt to find a solution for each parent to acquire equal time with the child.
The military member must set up a parenting plan for when they are deployed or must attend training. This plan involves the assistance of a family member who will acquire visitation with the child during the military member’s scheduled visitation time. Typically, the child will stay with the military member’s parent or family during these visits.
Dividing Marital Assets
The military provides an equal division of the marital assets to provide each party with an equal share of the assets. This also applies to the military member’s retirement and/or pension plan. The funds are either divided during the divorce or when the service member retires.
Tricare Insurance Coverage
Spouses and children who were added when the service member was on active duty may continue to receive coverage after the divorce. However, this depends on how long the service member has been in the military and how long the marriage lasted.
Military divorces proceed differently than standard divorce cases since federal military laws apply to these cases. Military divorce code could also impose some limitations on the divorce if the service member is on active duty; this includes a 90-day stay that could delay the proceedings. A petitioner who needs more details about a military divorce can contact an attorney now.