Military Divorce – What Every Civilian Spouse Needs To Know

The military is more than just a job. It has its own culture and even its own way of handling matters, including legal issues like divorce. As a civilian spouse facing the prospect of divorce, it is important that you know what's ahead to ensure you're protected.

The Race For Counsel

One of the many benefits of being a military dependent is the fact that you have access to free legal counsel. While they can't help you with every situation, they can help you with a divorce, especially if it is uncontested. However, there is one limitation – they can only assist one party.

If your spouse seeks them for counsel before you do, you will have to obtain your own attorney. Make sure you're preparing for this possibility and researching family law attorneys, such as Margit M. Hicks, PA Attorney at Law, before assuming that you will automatically be able to use the base legal services.

Filing Flexibility

Military members are unique in that both parties could have been born in different states, married in another, own property in several states and currently be stationed in another. This situation grants you filing flexibility, allowing you to choose which of these locations to file in.

The most important thing to keep in mind is that different states have different divorce guidelines. For instance, in New Jersey a couple must be separated for a period up to 18 months before a divorce is granted, but in Texas there is no waiting period. Careful consideration should be taken to ensure you are filing in a state that is going to be most beneficial to you.

The Waiting Game

As a civilian spouse, ensure you have in mind that your divorce can be somewhat of a waiting game. Regardless of the separation waiting period required by the state you file in, depending on the member's status, you could be required to wait longer. For example, even if you're in the middle of the divorce preceding's, if the service member gets called for a deployment, according to the Service Members Civil Relief Act, the divorce could be put on hold until their return, which can significantly extend the time it takes for your divorce to be finalized.

Given the terms that can go along with a military divorce, it's helpful to seek assistance from an attorney who has experience in this area. An attorney that is well-versed on these terms and will work hard to protect your rights.