Divorce and the Military

| | Divorce and the Military

Divorce can get complicated. Sometimes, you are able to amicably work through the process with your spouse. But, sometimes long, vindictive, expensive court and custody battles ensue. And this is just the process for a civilian. For someone in the military, divorce can be even more difficult. If you are in the military, you will not go through the same divorce process as civilians.

Active Duty

If you are in the military, different laws and rules will help protect you from unfair treatment due to deployment. This might include not appearing at court dates or not responding to divorce action. However, keep in mind that you will have to follow some of the rules outlined by your home state.

If you are on active duty and your spouse wants to get a divorce, The Soldiers and Sailors Civil Relief Act 50 UCS Section 521 and the local Connecticut courts can postpone the divorce proceedings until you return home. This act protects active duty military personnel from being divorced by their spouses without any knowledge of what is happening. If you are on active duty, you might not receive divorce papers. So, you will have no way to respond to them. The Soldiers and Sailors Civil Relief Act can postpone these proceedings. This can happen up to 60 days after you return from active duty.

On the other hand, if you are on active duty and you wish to get a divorce, your right to have the proceedings postponed can be waived. In this way, if you do want to get a divorce, you will not have to wait until you come home to start the procedure. In addition, when it comes to dividing assets and debt in divorce, civilian rules don’t always apply. The Uniformed Services Former Spouses’ Protection Act (USFSPA) decides how military retirement benefits will get divided during the divorce. The USFSPA authorizes payment to former spouses of military members; however, normal Connecticut property laws will get used for dividing property.

Child Support Issues

In addition to financial divisions, child support differs for members of the military. In Connecticut, child and spousal support cannot be more than 60% of a military person’s pay. All other normal Connecticut guidelines for child and spousal support apply. While not everything about divorce is different if you are a member of the military, special laws have been put into place in order to protect military members throughout the divorce process. These laws are put into place so that your divorce can be as quick and painless as possible, and also so that your spouse cannot take everything from you. If you are a member of the military and you need help with your divorce, you should consider contacting a Connecticut divorce lawyer.

2017-03-22T18:37:22+00:00