Military divorce rates have hit an all-time high, with almost 30,000 troops saying goodbye to their spouses annually. When service members divorce, unique situations arise that aren’t common to civilian divorces. If you or your spouse is in the military, let your Durham divorce lawyer know right away so he or she can represent your best interests in the courtroom.
Deployed Military Members and Divorce
It’s not uncommon for a spouse to file for divorce during a deployment. With the current operational tempo of our nation’s military, many people are deployed for months on end. If your spouse is deployed, and you want to file for divorce, ask your Durham divorce lawyer about the Service members’ Civil Relief Act; you may have to delay your divorce proceedings until 60 days after your spouse comes back.
Dividing Your Property with a Military Member
Your Durham divorce lawyer will need your help determining which assets you will keep and which will go to your spouse, whether you’re the service member or your spouse is. If you’re a veteran receiving a pension from the military, or if your spouse is, your situation is governed by the Uniformed Services Former Spousal Protection Act. Talk to your lawyer about which benefits you’ll be entitled to receive and whether you’ll still enjoy base privileges if you’re divorcing a veteran of the Armed Forces.
Child Support after a Military Divorce
You and your Durham divorce lawyer will probably have several discussions about your financial situation, whether you’re in the military or your soon-to-be ex is. Those discussions will also include the potential amount you’ll receive in child support.
While a civilian judge will determine the amount of child support exchanged as a result of your military divorce, the military holds its members responsible for paying the amount ordered in civilian court. That means that if your ex doesn’t pay, you or your attorney can speak to someone in his or her chain of command. His or her military supervisor will then take the appropriate actions within military channels to ensure your child gets what he or she is entitled to receive in support payments.
What to Tell Your Durham Divorce Lawyer
Your Durham divorce lawyer will need all the information you have in order to fight for your rights during divorce. He or she may ask for:
• Your spouse’s Leave and Earnings Statement, or LES
• Contact information for your spouse’s chain of command
• Your spouse’s deployment schedule or deployment history
It’s important to provide your Durham divorce lawyer with all the documentation he or she needs in a timely manner. Your lawyer can’t go to bat for you if you can’t produce items the court needs to establish support, for example, so putting in the extra work during your divorce can help ensure you won’t be left out in the cold when it’s finished.
