Special issues related to military divorces

by | Sep 6, 2018 | family law, Firm News

The choice to serve in a branch of the United States military is one that many Americans make. Those who elect to pursue careers in the military are subject to different laws and legal mandates when family law issues arise in their lives.

For example, an Ohio service member whose marriage is ending has certain rights with regard to when and how the proceedings may take place.

Pursuant to the Servicemembers Civil Relief Act a military member on active duty may not be sued for divorce while serving or for at least 60 days after their period of active service has ended.

Once a divorce is initiated, that service member may have their divorce occur in several different jurisdictions. They may pursue a divorce in either of the states where the service member is serving or their spouse is a resident, of they may sue for divorce in the state where the service member is a legal resident.

Service members, like civilians, may see their pay garnished or otherwise affected if they are subject to court orders regarding child or spousal support. They may see their military pay and benefits divided during their divorce according to the lengths of their marriages and the terms of their service.

These are only some of the many important issues that may become relevant when a service member finds themselves embroiled in a divorce. Men and women who choose to support the nation through military service should have the support of legal representatives who understand their unique needs. Military divorce lawyers are available and can offer invaluable guidance to their service member clients.