In 2021, there were nearly 690,000 divorces across 45 US states and Washington DC. Many people find it surprising to learn that a divorce involving military members may be handled differently than conventional divorces.
This is because of the different factors involved. It’s essential to understand the divorce process in this scenario so you can prepare for it.
So, how long does a military divorce take? Let’s explore the key factors you should know before you get a divorce.
Military Divorce vs Civilian Divorce
Compared to a civilian divorce, military divorces have extra protections in place. There are specific laws meant to safeguard service members.
This means a divorce between a civilian and a service member is more complicated than a regular divorce. For example, there are guidelines on how to fairly divide military pensions.
An individual’s military responsibilities can also affect the custody of their children. Things can get even more complicated if both spouses serve in the military.
Regardless, the basis for a military divorce is often the same as a civilian divorce; incompatibility, infidelity, and irreconcilable differences are all common factors.
How to File for Military Divorce
Many service members make the mistake of assuming they need to file a divorce in the same state where they were married.
This sometimes leads to delayed filing. Service members who move often are less likely to file for divorce because of this. In actuality, you can typically file for divorce in a state where you file taxes.
The same is true for states you have resided in for at least year. Check your chosen state’s regulations so you can take the appropriate path.
How the Process Works
Assuming you meet the above requirements, you can draft and file a petition with the state court. This initiates the divorce proceedings. Depending on the state, you might need to include grounds for divorce.
These are legally recognizable reasons for divorce filings. One of the most common is “irreconcilable differences”. In Nebraska, the marriage must be “irretrievably broken”. Other states accept filings for no-fault divorces.
Service members can request a delay in divorce proceedings. This is often done to help them manage military responsibilities before dealing with divorce matters.
Key Matters to Address
Military divorces have key matters to address before the divorce is finalized. If spouses can’t come to an agreement, they may need to go to mediation. Listed below are some of the most important issues to consider.
Military Benefits and Pensions
Military benefits and pensions are contentious topics when getting divorced. Depending on the divorce’s context, they could be subject to division.
State courts treat retirement pay as either community or sole property. This directly impacts the allocation of this money.
Those filing for military divorce should also understand the 10/10 rule of the Uniformed Services Former Spouses’ Protection Act (USFSPA). This refers to a couple that was married for at least 10 years, where 10 of those years overlapped with 10 years of military service.
To clarify, let’s assume a couple was married for 18 years. One of the spouses served a total of 11 years in the military. The 10/10 rule would come into effect in this situation.
Former spouses of service members are eligible for additional benefits under certain circumstances. These include:
- 15 years of military service that overlapped with the marriage
- Spouses that were married for at least 20 years
- One or both spouses served in the military for at least 20 years
At the end of the day, it’s up to the judge to make a decision. This information can help you mentally prepare for the proceedings.
Child Custody
Determining child custody is never easy. This depends on many factors, such as how well the spouses communicate with each other.
It also takes into consideration whether the spouse who serves is on active duty. It’s possible for a judge to award joint custody to an active duty service member.
In this case, the other spouse would look after the child while the service member is away. Depending on the age and maturity of the child, the judge might consider their preference. For example, the spouse who doesn’t serve in the military could live much closer to the child’s school.
Child Support and Alimony
Military spouses may be entitled to alimony payments. Judges do their best to grant only what’s fair and necessary. Alimony could be granted temporarily or permanently.
Spousal support is determined by state law, so the state where you file for divorce will influence the outcome. The same applies to child support.
How Long Does a Military Divorce Take?
There’s no universal answer to this question, and every military divorce is different. However, there are key factors that play large roles in divorce finalization.
These include:
- Cooperation between spouses;
- Whether the divorce is contested; and
- State-mandated waiting periods.
In ideal scenarios, military divorces can take a couple of months to resolve. In other situations, they can a year or longer.
Finding an Attorney
Working with the right attorney is crucial for your success. They have the tools and resources necessary to get the best results. When searching for someone to hire, look at their past reputation.
There should be an abundance of positive feedback from previous clients. Ensure they specialize in this area of law.
Just because an attorney says they can help doesn’t mean they have top-tier experience. Ask about their pricing structure before you make a decision.
Some attorneys charge hourly, while others charge a flat fee. This will ensure you don’t encounter financial surprises.
Are you comfortable communicating with them? Only work with attorneys who you feel like will treat your case with the attention it deserves and requires. If they don’t seem interested in your case, consider other options.
Military Divorce Attorneys
Navigating a military divorce doesn’t have to be a defining chapter in your life. We at Husker Law are proud to serve as one of Omaha’s most trusted family law and divorce law firms. We understand that every situation is different and needs a tailored approach.
Do you need to hire a lawyer for your situation? We’re here to help. Schedule a consultation by calling us at (402) 415-2525 or by reaching out online today!
