Law

How Does A Military Divorce Attorney Differ From Civilian Divorce?

Unfortunately, marriage can be hard to deal with in some cases. Miscommunication has often been the primary cause of several divorce cases. Most divorce cases are generally civilian. However, military divorce is another type of divorce that has often confused many people. 

When both spouses work in the military, the divorce process can be more demanding, given the challenges and deployments faced in the military. You would be surprised to know that the number of military divorce cases is higher than civilian divorces. 

If you and your spouse are in the military and want to file for divorce, it would be best to hire a Kenosha divorce attorney.

Differences between military divorce cases: 

  • Choice of divorce

In a military divorce, the couple can choose in which state they want to file for divorce when compared to civilian divorces. Military divorce should be filed in a state where one or both spouses have legal residence.

  • Duration 

Suppose any one of the spouses is in the military. In that case, The Servicemembers Civil Relief Act (SCRA) will become applicable in divorce cases where at least one of the spouses is in the military. This act aims to protect servicemembers abroad from the distraction of dealing with civil litigation like divorce. Such an instance allows the servicemembers to focus on military missions. 

  • Child custody

Child custody issues can be more complicated with military divorce than in civilian divorce cases. One parent might be deployed that would not be compatible with child care duties. The SCRA might allow an army parent to delay child custody proceedings if deployed. 

Military families should also know that they will be required to create a family care plan for the child and update it annually. The child care plan must not conflict with any court orders related to child custody. 

  • Support payments

Similar to civilian divorce cases, spouses applying for military divorce will be required to pay for child support payments and alimony after the divorce. Although, paycheck deductions for the costs cannot exceed 65% of the servicemember’s income. 

  • Length of marriage

The length of the marriage plays a crucial role in military divorce cases. Spousal support depends on the length of the union in civilian divorce cases. However, the length of the marriage, the length of military service, and the overlap between both are held more relevant in military divorce cases. It is best to contact a divorce attorney in Kenosha to ensure you do not commit any blunder during the divorce process. 

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