Going through a divorce is never an easy experience, regardless of your personal history or background. However, some specific laws and rules determine the proceedings and rules of divorce in different circumstances. In this article, we will discuss the facts about military divorces, including some of the legalities and rules surrounding divorce proceedings involving an active service member of the military.
It is crucial to know and understand the different aspects of divorce particularly when your situation involves different regulations, such as being a member of the military. Knowing the rules for your situation can help save you time and money and can protect you from certain things.
Please read on to find out more about military divorces and the unique rules associated with them!
Information on Military Divorces
Military Divorces Have Different Rules
To begin, we should talk about the different types of rules that military divorces have compared to standard everyday divorces. Military divorces have some of their own rules. After all, they have to consider the division of military pensions, residency requirements, and other legal protections that the military member receives because they are in the military.
There are also other rules on child support, as well as emergency court-ordered child support. Frequently, one of the most discussed topics of military divorces is the separation of pensions, as well as the residency requirements for filing for divorce.
Many people will often suggest to a military couple or a couple with an active military service member to consult a lawyer who is well experienced in military divorces. Having a lawyer who’s experienced in military divorces can ensure that both parties are getting fair treatment and that the unique rules and regulations associated with military divorces can be followed properly, resulting in a properly followed divorce.
Servicemembers Civil Relief Act
The Servicemembers Civil Relief act is a unique law that aims to provide legal and financial protection to people who are in military or uniform service in the protection of our nation. The Servicemembers Civil Relief Act is designed to protect their rights against any legal action or financial transaction that could damage or prevent them from completing their service or distract them from it.
This act applies to a variety of different military and uniformed service members, including active-duty members of the Marine Corps, Army, Air Force, Navy, and Coast Guard. The Servicemembers Civil Relief act also provides to members of the reserve component when they are serving on active duty, but not when they are not on active duty.
Members of the National Guard who are mobilized under federal orders for over 30 consecutive days are also protected by the servicemembers Civil Relief act. However, it must be noted that these members of the National Guard must have been mobilized under federal orders for more than 30 consecutive days, otherwise, the act does not protect them.
The rights invoked by the Servicemembers Civil Relief Act can be exercised by a person who holds a valid power of attorney for the service member in question. Some of the protections provided by the Servicemembers Civil Relief Act can also apply to dependents of the active military member, but this is often reviewed on a case-by-case basis. This may include children, elderly parents, or spouses.
The servicemembers Civil Relief act is often invoked by service members for five specific reasons. This act can protect them and reduce an interest rate on loans taken out in their name before they were a service member, lowering the interest rate to 6%. It also protects them in a default judgment in any civil case, which can delay a divorce proceeding until they are out of active service.
A default judgment is when the court rules in favor of the party bringing the case to the court, otherwise known as the plaintiff, when the defendant does not show up to court. If you are an active military member involved in a civil case (such as a divorce,), you may not be able to make it to court, which would likely cause the court to rule in the favor of the plaintiff.
Therefore, when it comes to divorce, many members of the service will invoke this right so that they can prevent the court from making a default judgment in favor of the plaintiff. To do this, the plaintiff must file an affidavit with the court stating whether you are or are not an active-duty service member.
They also must provide evidence of that statement. If you are an active service member and are unable to appear in the case during court, the judge might not enter into a default judgment until can appoint an attorney to represent you. The court may also delay the divorce proceedings for up to 90 days if certain criteria are met.
Other protections include protection against foreclosure on their home, against repossession of property, and termination of housing or vehicle leases without penalty.
Essentially when it comes to divorce, the Servicemember Civil Relief Act can protect active-duty military members from divorce proceedings and delay the divorce until they can either have an attorney represent them or come to court themselves.
Filing for Divorce
Depending on the state in which you are filing for divorce, there are certain things to be aware of and look out for. Many states allow a military spouse or a military member to file for divorce in the state in which the military member is stationed. This is regardless of whether either member of the couple is a resident of that state.
Again, this depends on the state.
When it comes to filing for divorce in general, military members and spouses can either file for divorce in the state in which the spouse filing resides, file for divorce in the state in which the military member is stationed, or file for divorce in the state where the military member has a legal residency.
This is another aspect where it would be useful to have a lawyer who understands military divorce as well, to help guide you through the restrictions and permissions in your state for military divorces.
Contact Eric Mercer for legal services with your divorce in Sacramento, California. We are here to help!
