Maggio Law Firm, PC

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What are the unique issues in a military divorce?

Many people in the Gulfport area are military service members. Although most people don't think of it, these service members are oftentimes subject to a different set of laws than civilians: military law. This can have an impact on divorce cases for service members. So, what are the unique issues in a military divorce?

Well, for starters, it is important to point out that the same issues will come up in a military divorce as they would in any other divorce, such as property division, alimony, child custody and child support. In the end, there aren't too many differences in the substantive issues that must be addressed. However, there are some procedural differences.

For example, the first step in any type of legal case is to figure out where the case must be filed. When it comes to a military divorce, that can be complicated. Why? Well, a service member may consider himself a resident of one state but may be stationed in another, and his spouse and children may live in another state. The legal term for figuring this out is jurisdiction. For military service members, the proper place to file the divorce case is usually the state where the service member considers himself a resident.

The other big difference with military divorces is the issue of military pensions and benefits. Our readers probably know that these are quite good for military members, but it is important to point out that, even with a divorce, the ex-spouse of a military service member may have rights to the pension funds and benefits, in certain circumstances. If you have questions regarding military family law, you should contact an attorney.

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