The effects of a military divorce far exceed that of standard proceedings. They represent several complications that are addressed in recent laws passed by Congress to eliminate some benefits to former spouses based on the duration of the marriage. For instance, property division is not based solely on the physical properties accumulated during the marriage. In terms of military marriages, the spouses may divide retirement plans. To learn more about these proceedings, it is beneficial to discuss issues with a Military Divorce Attorney in Tacoma, WA.
Complexities of Military Divorce
Unlike standard divorce proceedings, a military divorce requires a longer waiting period. A non-military divorce allows a waiting period of thirty days in which the defendant has to answer the divorce summons. This is not the case with active-duty military personnel. These men and women have the right to complete their duties based on their assignment prior to responding. Furthermore, the court allows them a sixty-day grace period after their duties are finalized before they are required to contest or agree with the proceedings.
Further consideration when divorcing military personnel are insurance options. Typically, all children produced during the marriage at which time the member was on active-duty are covered through Tri-Care until their eighteenth birthday. However, spouses who are covered through the plan currently are subject to restrictions.
The duration of the marriage and length of time in which the soldier was on active-duty may limit whether or not the former spouse retains coverage after divorce. If a divorce is granted, the government may also require the service member to remit spousal support payments temporarily. If the couple has a child, the issue of child support is equally addressed.
Additional laws protect the interests of any military personnel who are deployed. A petitioner who files for divorce against a deployed soldier may be required to consider a legal separation instead of divorce until his or her return. If the soldier is in a foreign country, it is less likely that the court will grant a divorce unless domestic violence is the grounds, extensive proof is required.
