Divorce itself is a very difficult process, but being in the military and filing for a divorce is a total mess. As the person is a part of active members, he cannot be a part of the normal divorce process. Different procedures and steps need to be followed. So here in this article, we are going to talk all about this procedure.
In this case, as it has a different regulation, you must hire a legal representative to handle this case. One of the best military divorce attorneys here in Virginia is found at The Law Offices of John. W. Lee. P.C. They have around 70 years of experience in fighting cases for these assisting service members. You can get free initial consultations on these legal matters.
Here are some facts that need to be known in this case:
- There are specific grounds based on which you can file for a divorce. So, you need to select the one that fits your situation well.
- When you file for a divorce in a particular state, you need to meet their criteria. For example, when you are filing for a divorce in Virginia then at least one of the military members needs to be living in Virginia for a minimum of six months. Then he can apply for the divorce.
- When one party files for divorce and sends a notice to the other party, that party needs to respond within the given timeframe. When not done then the other party can file for a default divorce. In terms of military divorce, there might be some protections in order.
- When one party sends a legal notice to the party which is in military services, he/she may not be able to acknowledge due to their postings. In such cases, there are different sets of criteria for them that can help these active members to get into the process.
- When it comes to property or assets division, both parties will have equal rights to decide upon it. if there is some dispute then the court can intervene in such a situation.
- The distribution of military benefits is a little complicated. So, after the divorce, the military party can decide if he wants to share his retirement benefits or survivor benefits with his ex-spouse. If not then he will have to file the documentation properly to ensure the right beneficiary will get the benefits.
- Child custody will always be given to the stable one.
In any case, the spouse would require to get alimony from the military spouse if he is not having any income or has a child to be supported.