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2 factors to consider in a military divorce

On Behalf of | Mar 10, 2023 | Military Divorce

A military divorce differs from the civilian one. They are both emotionally challenging, but processes are different. Military divorces are often more complicated. 

This following also discusses two crucial factors to consider in a military divorce. 

Children

If children are involved in a military divorce, you could make calculated decisions to ensure they are well taken care of after the divorce. Due to the difference in the income structure of military personnel, child support can be calculated differently. With many sources of income, numerous variables are considered in the final calculation. 

Another crucial aspect to consider is child support and visitation. Like a civilian divorce, the party in the military may fight for sole custody. Even though the court may consider military obligations to decide on custody matters, they may get the kids if they prove they can take care of them while on active duty.

Nonetheless, both parties can agree on who gets custody and how the kids will visit the military parent. Your parenting plan may have extensive travel, especially if the military parent is deployed outside the country. 

Property division

Property division in a military divorce can be challenging. In addition to assets, military benefits and pensions can also be subject to division. However, couples must meet certain requirements to be eligible for some division privileges.

Further, the Servicemembers Civil Relief Act (SCRA) protects the military spouse from some civil actions, which may make issues more complicated. But someone with legal experience can help each party get a favorable outcome. 

If you are going through a military divorce – divorcing a military spouse or you are the one in the military, you may need to get legal help to understand the process and avoid mistakes.

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