Military Divorce Procedures

For individuals in the military or married to someone in the military the divorce procedures differ from that of civil citizens. The proceedings are officially named a “military divorce” and are open to certain rules and regulations set on both a state and federal level. One difference of a  “military divorce” is the assumption that he or she may be unable to be present at the proceedings due to active duty restraints. Another major difference comes from the intricate pension and benefit packages military members receive and the unique treatment they require.

The majority of particulars related to military divorces are managed by the Service members Civil Relief Act (SCRA), and the Uniform Service Former Spouse Protection Act (USFSPA). These acts are both designed to ensure the protection of both the service member and spouse. If the member of the military is unable to attend divorce proceedings the SCRA allows for the possibility of postponement. The USFSPA allows military pensions to fall under the umbrella of divisible property during a divorce, protecting the non-military person’s future rights. 

In addition,  there are rules of military divorce that are centered on medical benefits that come with being a member of the military, which are extended to the person’s spouse during marriage. Certain factors will determine how long those benefits will extend to that spouse so he or she can get back on their feet.

For further information contact Rauseo Law for a free consultation.