The decision to end a marriage is difficult and often complicated in any set of circumstances. If either spouse is an active duty member of the military, however, there are several important distinctions between their divorce proceedings and those of a civilian couple, including the following. If you or your husband or wife is an active duty member of the military and you are planning to file for divorce, you should consult a divorce military spouses lawyer Virginia Beach VA to help you navigate the process.
Protections Offered by the Servicemembers Civil Relief Act
The Servicemembers Civil Relief Act (SCRA) provides various forms of legal protection to active duty service members which are not available to the general public. As part of the SCRA, military spouses can arrange for certain divorce proceedings, such as those that affect their children, to be delayed until they are able to be present.
Where You File for Divorce
The nature of active duty service often demands frequent moves around the country and the world, which means that it is not always obvious where military couples should file for divorce. No matter where the couple got married or where either spouse is originally from, divorcing military couples must file in either the state where the nonmilitary spouse resides, the state where the military spouse is stationed at the time or the state where the military spouse claims residency. Since divorce laws differ state by state, it is important to give serious thought to this decision.
Divorce is never easy. It can be especially complicated when one spouse is an active duty member of the military since the demands of his or her commitment to the armed forces pose a challenge that civilian couples do not have to face. Military couples undergoing the divorce process should consult a trustworthy lawyer and accept emotional support from family and friends.