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Military Family Law Archives

Military family law divorce differs from civilian divorce

Military families are just like civilian families, with a few differences. Many military families experience active duty in which one or multiple family members are deployed. This can put a lot of stress on a family which may or may not contribute to a military family's decision to get a divorce. Because military members are allotted special benefits due to their military service, it plays a factor in a divorce.

Military families need help with family law issues too

There are two big issues in which military families often turn to legal experts to help them resolve family law issues. The first is divorce. The second is child custody issues. If you are in a military family and are looking to get divorced and have children, you and your family will need to have decision on both issues.

What issues are important in a Mississippi military divorce?

A military divorce is just as complicated as a civilian divorce. There are, however, special requirements and rules that apply to service members and their spouses when they divorce. This is because while most divorces only involve state law, military divorces also involve federal law in addition to the law of a state like Mississippi. What does this hodgepodge of state law and federal law mean? It means that there are some issues that must be given special attention in a military divorce.

Those under 30 with military careers more likely to divorce

Many jobs can put a strain on marriage or family life. However, as United States service personnel already know, few careers are as stressful on a young family as one on active duty in the military. An analysis of U.S. Census data conducted by the career website Zippia illustrated this in dramatic fashion, putting hard numbers to a fact already known by military families. First-line enlisted military supervisors are more likely to divorce by age 30 than those in any other career.

Can a military divorce be filed during a deployment?

Although it may sometimes seem that a person's life is on hold during a military deployment, the fact is that life goes on for Gulfport military families. This means that divorce may crop up as an issue for service members and their spouses. Can a service member file a divorce petition while they are on active duty? Can their non-service member spouse? This blog post will address these questions briefly.

What is the residency period for a Mississippi military divorce?

Military marriages face the same kinds of strain as civilian marriages, and often they face more strain. For this reason, many military marriages end in divorce. Many readers probably know that most states establish residency requirements within the state before a divorce may be filed there. It usually isn't possible to file for divorce immediately after entering the state. Usually a party must be a bona fide resident of the state for a certain number of months before filing.

Child support and military family law

Parents in Mississippi have a duty to make any child support payments that a family law court may require. But, what if the parent is a military service member? What obligations do they have to pay child support under military family law? Can their commanding officer order them to pay child support?

Property division, military benefits and pensions

For any divorce proceeding involving a member of the armed services, one of the biggest assets at issue could be the pension of the service member, if they have one. Like non-military retirement plans, military pensions are subject to property division in a divorce. Military family law addresses this topic with the Uniformed Services Former Spouses Protection Act. In this post, we will have a quick discussion of how this act governs the division of military pensions in a divorce.

What needs to happen in a military divorce in Mississippi?

Both federal and state laws govern military divorce. This raises the question of where a military divorce should happen. This is because different states have different divorce laws. Service members in Mississippi and their spouses should be aware that Mississippi may be the state where their divorce case could be filed, but, depending on the circumstances, the case could also be filed in another state under military family law.

Military divorces in Mississippi

Serving in the military does not completely insulate a person from one of life's most traumatic events: getting divorced. Mississippi, like most states, has enacted laws that are designed to at least partially protect military personnel on active duty from the stress of divorce. This post will summarize the essential provisions of those aspects of military family law that differentiate divorces between two civilians and divorces in which at least one spouse is on active duty with a branch of the nation's armed forces.