Military service is one of the most highly recognized positions a person can have. Military members and their families deserve to be recognized and rewarded for their sacrifice and service. One way in which military members are rewarded is with benefits like pension and health benefits. When a family has decided to get a divorce, these military only benefits are often top concern.
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.
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.
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.
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.
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.
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.
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?
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.
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.