A military marriage is very different than a civilian marriage. Military spouses spend weeks, months or even years away from each other, and often have different priorities and responsibilities than other married couples. The process of military divorce also has some significant differences compared to civilian divorces, especially so if either spouse is away on active duty serving their country at the time of the divorce filing.
Hiring a reputable divorce attorney who has extensive experience with military divorce can help you avoid additional stress in an already stressful situation. If you or your spouse are in the military and considering divorce in San Antonio, contact our divorce law firm at (210) 775-0353 to get started today.
Where Do I File For Military Divorce?
Since active members of the military live not just throughout the United States, but the entire world, figuring out where to file for military divorce can be confusing. In a more traditional marriage, a spouse will file for divorce in the state they reside in. However, a military spouse is required to file for divorce where the service member is currently stationed, or in the state where he or she is a legal resident.
A San Antonio divorce attorney can help you figure out where to file. Contact our divorce law firm today to get the help you need.
What Happens If My Spouse Is Currently Deployed?
If you file for divorce and your spouse is deployed somewhere other than your place of residence, or on active duty for an extended period, the laws are a little bit different. Just like civilian divorce, whichever spouse didn’t do the actual filing must be given a summons and an application for divorce. Yet, it can be incredibly challenging to get these necessary documents to a deployed spouse. Members of the military are protected from civil judicial proceedings, which includes divorce summons. Military members can delay the divorce for the entire length of their time in active duty. In any case, the active duty member should hire a divorce attorney to make sure the SCRA is being followed.
What Should I Expect During The Divorce Process?
There are many differences between military and civilian divorces. A military divorce requires spousal and child support to start on the date of separation, but state law determines the actual financial amounts a service member will pay. The Uniformed Services Former Spouse Protection Act is who decides and divides military benefits.
The best way to make sure you follow the laws and protect your rights as an active duty military member or a military spouse is to work with a good divorce lawyer who will look out for your best interest. Call (210) 775-0353 to learn more about how our law firm can benefit you.