What are Complications With Residency in a Military Divorce?
Divorce is complicated enough. If one or both spouses are in the military, that can complicate matters even further. That is because servicemembers are often based somehow temporarily as they fight a war. There are also terms such as “state of legal residence” and “home of record” that come into play.
Civilians do not have this problem. They typically live in their marital home, and where they are located determines their residency in a divorce. Military members, however, need to determine their permanent home, or domicile, and this is not always easy.
Residency is one of the complications of a military divorce. Not sure where you live? Your domicile may be determined by:
- Where you own a home
- The address you use on your federal tax return
- Where your spouse and children live
- Where you register your car
- Where you are registered to vote
- The address you have listed on insurance policies and other important documents
Here are some common complications that service members may face:
-
Establishing jurisdiction. To file for divorce, one party usually needs to be a resident of the state where the divorce is filed. Military families often move frequently, making it challenging to meet residency requirements.
- The Servicemembers Civil Relief Act (SCRA). The SCRA provides protections that can delay court proceedings, including divorce, to ensure that active-duty service members are not disadvantaged because of their service commitments. This can lead to delays in the divorce process.
- Choosing where to file. The spouse of a military member may have several options for where to file, such as the service member’s state of legal residence, the state where they are stationed, or the state where the spouse lives.
- Child custody considerations. The mobility of military families can complicate child custody arrangements. Courts need to consider the stability and best interests of the child, which may be challenging if one parent is frequently deployed or relocated. This also means that developing workable custody and visitation plan can be difficult.
- Division of military benefits. Military pensions are often a significant part of the marital estate. The Uniformed Services Former Spouses’ Protection Act allows state courts to divide military retirement pay as part of the divorce. The residency of the parties can impact on how these benefits are divided. Issues can also arise around access to healthcare. base privileges, and survivor benefits for the non-military spouse, all of which may depend on the duration of the marriage and the residency status of the spouses.
Contact Us Today
Military divorces are complicated due to residency and other elements. Make sure you have someone on your side who can answer your questions and fight for your legal rights.
A Cherry Hill family law attorney from Fiore Law can provide you with comprehensive representation in divorce and family law. We can serve as your advocate as you strive to end your marriage with less stress. Call (856) 214-8964 to schedule a consultation with our office today.
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What if I Was Ordered to Pay Too Much Alimony? What if I Cannot Afford to Pay Child Support? What are Complications With Residency in a Military Divorce? What are Fault Grounds in Divorce? Can You Appeal a Custody Decision in NJ?Archive
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