5 Ways Military Divorce Is Different From Civilian Divorce

Are you a military service member or the spouse of one? If so, you may be aware that divorce within the military poses unique challenges that differ from civilian divorce. From the impact on child custody arrangements to the division of military benefits, there are several key factors to consider.

In this article, we will explore five ways military divorce differs from civilian divorce and shed light on the specific issues you may face. We will also examine how military service requirements must be taken into account when navigating divorce proceedings. 

By understanding these differences and seeking the assistance of reliable divorce lawyers for the military, you can prepare for the complexities of your divorce and ensure that your rights and interests are protected.

Challenges of Deployment and Relocation

Going through a military divorce means facing the heart-wrenching challenge of deployment and relocation. As a military spouse, you are constantly on the move, uprooting your life and starting over in new places. This can add an extra layer of stress to the divorce process.

Not only do you have to navigate the legal aspects of divorce, but you also have to deal with the logistics of moving and finding a new support system in each new location. Additionally, deployments can complicate the timeline of the divorce proceedings. 

Your spouse may be deployed for months at a time, making it difficult to coordinate schedules and attend court hearings. The constant upheaval and uncertainty of military life can make the already difficult process of divorce even more challenging for military couples.

Impact on Child Custody Arrangements

When it comes to child custody arrangements, you’ll quickly realize that the unique circumstances of a military divorce can significantly impact the outcome. One of the main challenges is the frequent deployments and relocations that military members experience. These constant changes can make it difficult to establish a stable living environment for the children. 

In addition, the distance between the parents can make it harder to maintain consistent visitation schedules. The unpredictable nature of military service can also make it challenging to plan for long-term custody arrangements. 

Furthermore, the demands of military duty can sometimes make it difficult for the active-duty parent to fulfill their custodial responsibilities. All of these factors make it crucial for military couples to work closely with their attorneys and the court to develop a custody plan that takes into account the unique challenges they face.

Division of Military Benefits

To ensure you receive your fair share of military benefits, it’s essential to understand how the division process works in a divorce involving a service member. Military benefits, such as healthcare, retirement, and housing allowances, are considered marital property and can be divided during a divorce.

The Uniformed Services Former Spouses’ Protection Act (USFSPA) governs the division of these benefits. According to the USFSPA, state courts can treat military benefits as community property and include them in the divorce settlement. 

However, it’s important to note that the Defense Finance and Accounting Service (DFAS) is responsible for implementing the division of military benefits. DFAS requires a specific court order, known as a Qualified Domestic Relations Order (QDRO), to divide retirement pay. It’s crucial to work with an attorney experienced in military divorces to ensure the proper division of these benefits.

Consideration of Military Service Requirements

Military divorce is different from civilian divorce because it takes into account the unique aspects of serving in the military. When dividing military benefits, you need to take into consideration factors such as the length of your service, the type of benefits you’re entitled to, and any restrictions or regulations that may apply.

For example, if you’ve served for a certain number of years, you may be eligible for retirement benefits, which can be an important factor in the division of assets. Additionally, there may be specific rules regarding the division of military pensions and survivor benefits. 

Understanding these requirements is crucial to ensuring a fair and equitable division of military benefits in a divorce.

Unique Legal Protections for Military Members

One of the most intriguing aspects of military service is the array of unique legal protections that provide a safety net for service members. These protections are specifically designed to address the challenges that military members and their families face during a divorce.

For example, the Servicemembers Civil Relief Act (SCRA) allows military members to postpone legal proceedings while they’re on active duty. This ensures that they can focus on their military responsibilities without the added stress of a divorce case.

Additionally, the Uniformed Services Former Spouses’ Protection Act (USFSPA) provides guidelines for the division of military benefits and pensions during a divorce. This ensures that both the service member and their spouse are fairly treated and that the non-military spouse receives their entitled share of the benefits. 

These unique legal protections demonstrate the recognition and support that military members receive during the divorce process.

Effect on Housing and Financial Stability

The unique legal protections for military members during divorce ensure their housing and financial stability. When going through a military divorce, you may be eligible for certain benefits that can help you maintain a stable living situation. 

One important protection is the ability to continue living in military housing for a certain period of time, even after the divorce is finalized. This can provide you with a sense of stability and keep you from having to find new housing immediately.

Additionally, military members are entitled to receive a portion of their spouse’s military retirement pay, which can greatly impact their financial stability. This division of assets can help ensure that both parties are able to maintain a certain standard of living post-divorce. 

Overall, these unique legal protections can help military members navigate the challenges of divorce while minimizing the impact on their housing and financial stability.

Emotional and Psychological Strain on Service Members

Navigating the emotional and psychological strain of divorce can deeply impact the well-being of service members. As a service member going through a military divorce, you may find yourself facing unique challenges that can intensify these emotional and psychological burdens. Serving in the military already requires a certain level of mental resilience, but divorce can add an additional layer of strain. The constant deployments, long periods of separation from loved ones, and the stress of combat can make it even more difficult to cope with the emotional fallout of a failed marriage. 

The military culture often discourages seeking help for mental health issues, which can exacerbate the psychological strain. It’s crucial for service members to recognize the impact divorce can have on their mental well-being and to seek the necessary support to navigate these challenging times.

Access to Legal Resources and Support

Now that you understand the emotional and psychological strain that service members face during a military divorce, let’s discuss another significant difference: access to legal resources and support. 

In the civilian world, finding legal assistance is relatively straightforward. However, for military personnel, the process can be more complex. The military provides legal support services, such as legal assistance offices and military legal assistance attorneys, but their availability may vary depending on the location and deployment status. 

Additionally, service members may face challenges in finding civilian attorneys who have experience in military divorce matters. Navigating the legal system can be overwhelming, especially when dealing with the unique aspects of military divorce, such as dividing military pensions and addressing deployment-related issues. 

Having access to knowledgeable legal resources and support is crucial for service members going through a military divorce.

Potential Impact on Security Clearance

In military divorce cases, the potential impact on security clearance is a significant concern. Unlike civilian divorces, where security clearances are not typically at stake, military divorces can directly affect the service member’s ability to maintain their clearance. This is because security clearances are tied to a service member’s ability to meet specific criteria, including their personal conduct and financial stability.

If a service member’s divorce becomes contentious and involves allegations of misconduct or financial instability, it could lead to the revocation or suspension of their security clearance. 

Losing a security clearance can have severe consequences, including the loss of job opportunities, career advancement, and even the ability to continue serving in the military. Therefore, it’s crucial for service members going through a military divorce to navigate the process carefully and seek legal assistance to protect their security clearance.

Conclusion

Military divorce presents unique challenges and considerations that set it apart from civilian divorce. It’s crucial for military members going through a divorce to have access to legal resources and support to navigate these specific issues effectively.