While there are some instances where a military divorce can be different from a civilian divorce, there are still concerns that they share in common. According to the American Bar of Association, a military divorce also involves domestic situations, including emotional difficulties and important decisions to make, such as child custody, property division, and alimony.
A military divorce can become more complicated as it involves more concerns apart from the normal ones. There are specific laws and rules concerning military divorce that every military family should keep in mind when filing a divorce. Some of the issues that are likely to arise during military divorce include:
Serving the divorce papers
Divorce papers need to get done in person, which makes it complicated in cases where the other party is overseas in the line of duty. Sometimes the court might require them to wait until the spouse comes back from deployment.
The length of the divorce period
In typical cases, the court dictates the length of time it will take to proceed with the divorce process after serving the divorce papers. However, divorce rules under SCRA, service members can request a “stay” when they are away on duty. A stay involves delaying the divorce proceedings, which can take at least 90 days, but they can extend it beyond that.
The spouse is not allowed to ask for large amounts in child support or any other kind of support after divorce. The highest amount should not exceed 60% of the earning of the military member.
Military families who have been together 20 years or more can still benefit from military privileges after divorce. They are, therefore, allowed to maintain their military ID and all the benefits that come with it.