September 7, 2018

How does being in the military affect your divorce?

As a Michigan resident who is either part of the military or married to a member, there are certain aspects of your divorce that might differ from that of a civilian divorce. Here are a few things that you should be aware of regarding military divorces.

FindLaw takes a look at the requirements and rules that apply to military divorces which may not apply elsewhere. For example, in your divorce, there may be the involvement of military pensions and benefits. Generally speaking, receiving this money requires you to have been married for 10 years, with an overlap of 10 years of service. It’s even possible for spouses to get access to commissary, medical and exchange privileges after a divorce as long as you were married for 20 years, with an overlap of 20 years in service.

Residency requirements are usually nullified in the case of military divorces due to military personnel often being stationed in locations where they aren’t a resident. Likewise, jurisdiction over a divorce can be a little difficult to puzzle out. It is usually determined by your place of legal residence, compared to where you might currently be living.

Additionally, divorce proceedings may often be withheld until the military member in question is off of active duty, and 60 days beyond that. This is so you won’t have to worry about divorce or being sued while also serving your country. If you are a member of the military or married to a member and are considering a divorce, take these factors into consideration while making your plans.