Military families often face a unique set of challenges when it comes to family law. In addition to the normal difficulties that come with a divorce, military families must also deal with laws and regulations specific to their situation.
Family law affects military families in many ways. From how their benefits are allocated to how child custody is handled, military families must grapple with an array of legal issues not faced by civilians. It can be difficult to navigate these complexities, especially when faced with separation and/or deployment.
In this article, we will discuss the impact of family law on military families. We’ll look at topics such as child custody, alimony, child support payments, and more so that you can make informed decisions when it comes to your legal obligations. We’ll also provide resources for further guidance and support.
Unique Challenges Facing Military Families:
Military families often face unique challenges when it comes to family law. From deployment and long separations to unforeseeable medical emergencies and an ever-changing geographic location, military families have specific needs when it comes to legal matters.
For instance, military children may find themselves transferring between schools before they have had the chance to finish the school year. During deployments, parents must make important childcare decisions without having the benefit of being able to consult with their partner or spouse. Additionally, if a service member is seriously injured in combat while deployed, they may be entitled to a range of benefits from the Department of Defense that their spouse may need to help them manage.
Also, if a service member passes away due to a combat-related injury or illness, their surviving spouse is entitled to certain survivor benefits from both the Department of Defense and the Department of Veterans Affairs. These survivor benefits can make all the difference in helping surviving families cope with grief during an already difficult time.
Military families require a special understanding when it comes to Family Law matters, one that goes beyond traditional family law practice. With specific needs and legal entitlements available only for military members and their families due to their service, it’s not just important but essential that those involved in their legal matters are well-versed in the unique needs of military families.
The Special Legal Protections for Military Members and Their Families:
Military families have access to special legal protections due to their service. The Uniformed Services Former Spouses Protection Act allows state courts to divide military retirement pay in a divorce, regardless of the service member’s rank. Additionally, The Servicemember’s Civil Relief Act provides special protections for servicemembers and their families through capping interest rates on existing loans, eviction protection, and the suspension of certain civil proceedings like foreclosure or repossession while they are on active duty.
The SCRA also guarantees that a family law case won’t be decided without the servicemember present. If they are deployed, they have the right to request a delay in all civil court matters until they return. This also includes any hearings or proceedings related to child support and custody should either parent be called away for active duty and as long as their absence is due to military duty, it does not count against them in terms of proving that one parent is capable of providing for the best interests of the child.
Overall, military families are generally afforded certain rights and protections that other families may not qualify for allowing them to focus more on their duty than concerning themselves with civilian matters.
Issues of Parental Rights and Visitation for Military Parents:
Military families face unique challenges when it comes to family law. When a military parent is deployed, it can be difficult to maintain normal parenting duties, such as maintaining contact with their children and settling disputes over custody.
When dealing with the divorce of a military couple, all issues regarding parental rights and visitation must take into account the service member’s duty and any potential deployments. The court will consider factors such as:
- Designation of primary residential parent or joint custody.
- Visitation for the non-residential parent.
- Support payments for the child.
- Deployment restrictions/restrictions on other military travel.
Parental rights are especially important for service members who are deployed and unable to communicate with or visit their children regularly. Military families must also consider how long deployments last, which can be an uncertain factor in determining parental rights and visitation. To ensure that all parties’ interests are taken into consideration, both parties should strive for an amicable agreement that benefits everyone involved.
How Does Divorce Affect Military Pension Benefits?
Military members who have been married for at least 10 years during their service time are typically eligible for an allotted share of their servicemember’s pension in the event of a divorce. This benefit is referred to as “disposable retired pay” and is determined by calculating a percentage of the pension depending on the length of the marriage and military service.
However, if you are getting a divorce and you’ve been married for less than ten years or the servicemember has no retirement benefits your spouse will not receive any pension-related benefits following the divorce. It is important to keep in mind that even when eligible for military retirement pay, there may be limits on how much can be awarded to the former spouse during or after the divorce proceedings.
It is also important to know that these benefits are not automatic upon divorce; rather, they must be addressed through a qualified domestic relations order. Without one, it may be impossible for the former dependent spouse to receive any benefits from their ex-spouse’s pension after the dissolution of marriage.
Obtaining Legal Representation in Family Law Cases:
When it comes to family law cases, it is important to have an experienced attorney who understands the complexities of the military and its unique legal system. Obtaining proper legal representation is critical for ensuring the best outcome possible in any family law case, but especially so when one or both spouses are serving on active duty.
Due to the sensitive nature of family law proceedings, it can be difficult for military members to seek out the legal representation or even suggest the possibility of separation or divorce. Fortunately, there are several options available for obtaining family law representation for those in the military:
Legal assistance office: Every branch of the military has a legal assistance office that can provide advice and guidance on family law matters. These offices employ attorneys who are knowledgeable about military regulations, laws, and policies related to family matters such as separation, dissolution of marriage, child support payments, and custody arrangements.
Private attorney: A private attorney can provide more personalized service than found in a legal assistance office while still being cognizant of relevant state and federal laws and regulations regarding military families. When seeking outside counsel, look for an experienced attorney who specializes in family law matters with special knowledge of issues about military personnel.
Online resources: There are numerous online resources available offering information on family law topics such as divorce proceedings, child custody arrangements, spousal support payments, etc., specifically tailored towards service members and their families. These resources can provide useful information while helping members find their way through a complex system that may otherwise seem overwhelming.