Special privileges of service members and spouses in a divorce

Special privileges of service members and spouses in a divorce

On Behalf of | Mar 30, 2020 | Military Divorce |

There are many factors that influence the outcome of a divorce. Prenuptial agreements and state laws can tip a judge’s decision in a certain direction. The legal process can get complicated, especially for members of the military. People who served and their spouses have issues to resolve that other couples do not have to worry about. 

Hawaii has a large military population. People who desire a divorce need to understand how their status as service members can impact legal proceedings in a positive or negative way. If both parties learn and cooperate despite feeling emotional, then they can come through on the other side with minimal difficulty. 

Military pension division 

Members of the military often receive pensions for their time protecting their country. Federal law dictates that the state where the military member resides can divide this pension in the event of a divorce. If a couple files for divorce in a different state than the military veteran’s residence, however, then this law is not set in stone. Each state handles the division of a military pension differently and it is prudent for both parties to research protocol and discuss how to allocate funds fairly. 

Average length of time for a divorce 

Spouses have a specific number of days to respond to served divorce papers. Once they respond, then the courts can proceed in scheduling mediations or hearings. The timeline can get delayed if one party is on active duty, which means that children may have to wait for child support or spouses for the property they need. Many courts have the power to grant a 90-day extension and even additional legal stays after. Of course, people cannot put divorce on the sidelines forever, and the courts expect a military member to make an appearance soon after a tour of duty ends. 

Divorce for people in the armed forces, reserves, national guard and other branches of the military can be tricky, but it does not mean it is not possible. Patience is key to navigating the legal system with success.