Hidden Challenges During Military Divorces

Posted By The Law Office of Janet McCullar, P.C. || 30-Mar-2017

Military divorces contain unique legal issues that can make them more complex to handle that the average civilian divorce. Here are some unique challenges to military divorce that you should know about if you are planning on filing:

  • Deciding which state to file for divorce in. Because military families often move around from place to place and spouses spend time apart during a deployment, it may not be clear which state to file for divorce in. Typically, the law allows for filing in the state where either spouse has legal residence, but there may be some advantages to choosing one state over another when it comes to dividing military pensions (more information below).
  • Dividing military benefits. Military pensions, health insurance benefits, other military benefits are considered assets that are divisible at divorce. Determining how these assets are divided depends on the length of the marriage, the length of the military member’s service, and other factors.
  • Determining child support. Calculating child support obligations is slightly different for service members than it is for civilians. Whereas civilians typically provide W-2s, pay stubs, and income tax returns to establish their earnings, members of the military should be prepared to provide Earnings and Leave statements.
  • Determining child custody. The potential that a service member will be deployed must be taken into consideration when it comes to creating a custody and visitation schedule. Other factors that must be considered include the quality of time the military parent has spent with the child as well as his or her proximity to the child’s home.

If you are a member of the military or are married to a military member and you are considering a divorce, you should immediately contact an Austin divorce attorney at The Law Office of Janet McCullar, P.C. Our Board Certified Family Lawyer has decades of experience protecting clients both inside and outside of court. As a firm that is devoted solely to the practice of matrimonial and family law, we have the skill, knowledge, and resources to tackle even the most complex cases.

Schedule an initial case review with our firm today.

Categories: Divorce
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