Under the best of circumstances, facing the end of a marriage is difficult. It involves all of the emotional, financial, and legal ramifications that come with it. When one (or both) of the parties is in the military, it can make an already difficult process even more complicated.
Navigating the unique challenges faced by a service member or non-military spouse during the divorce process can be extremely challenging without an experienced attorney by your side. Ready Divorce Service can provide you with the guidance and advocacy you need. This is especially true if you are facing an uncontested military divorce in North Texas.
Why Is a Military Divorce Different?
Although the basic concept of divorce is the same whether the parties are service members or not, there are practical and legal differences. These should be noted if you are considering military divorce. When a service member is a party to a divorce, everything may be handled differently. This includes the ability to initiate the divorce process, parenting time, and retirement benefits. Working with an attorney who is unfamiliar with these distinctions can waste both time and money during your divorce.
Allow Ready Divorce Service to lead you through the process.
The Service Members Civil Relief Act (SCRA)
One of the most important aspects of a military divorce is the application of the Servicemembers Civil Relief Act (SCRA). The SCRA covers all active duty service members, reservists, and the members of the National Guard while on active duty. It prevents litigants from pursuing certain actions without a court order. These include divorce and child custody cases against certain military personnel. In addition, individual states may also have similar SCRA laws. These laws can go above and beyond the protections afforded under the federal SCRA. Consequently, one of the first hurdles when pursuing a divorce involving a service member is whether you are allowed to initiate the divorce process.
Division of Assets in a Military Divorce
The division of debts and assets is an important aspect of any divorce. This frequently includes dividing retirement and pension benefits due to one (or both) spouse. When a service member divorces, retirement pay, or disability benefits can make asset division significantly more difficult.
As a general rule, military disposable retirement pay is subject to division during a divorce. On the other hand, VA disability compensation, military disability retirement benefits, Special Combat-Related Compensation (SCRC), and Concurrent Retirement and Disability Pay (CRDP) are usually not subject to division during a divorce. Complicating matters is the fact that when a service member is awarded disability compensation that service member usually has to waive an equal amount of retirement pay. In other words, if a service member receives $1,000 per month in disability pay, any retirement pay he/she is entitled to will be reduced by that same $1,000 per month.
For a non-military spouse, that also means that the retirement assets available for division during a divorce have been reduced or even eliminated entirely. Special Combat-Related Compensation and Concurrent Retirement and Disability Pay do not require the same waiver of retirement pay. Therefore, knowing how each type of military retirement/disability pay is treated in a divorce is crucial. This is important for both a service member and a non-military spouse embarking on the divorce process.
Custody and Child Support in a Military Divorce
When there are minor children involved in a divorce, custody (known as “conservatorship” in Texas) and child support must be decided during the divorce process. Of all the issues in a divorce, child custody is frequently the one that turns the proceedings sour. Additional circumstances related to military service can complicate matters in a military divorce.
When custody of a minor child is disputed in a divorce, the court must consider the “best interest of the child” in deciding who will be the managing conservator. This is also known as the primary custodial parent. One factor that plays an important role in that decision is a parent’s ability to provide the child with stability.
For a service member who may be deployed or moved from his/her current base to one in another state at any time, stability can be elusive. For a non-military spouse, divorce can mean moving out of military housing. This can lead to the desire to move closer to family members that may be hundreds of miles away. Creating a Parenting Plan – something that is required before a divorce can be finalized – can be difficult when a service member is involved. This is due to the uncertainty that comes with being in the military.
Child and spousal support can be equally complicated to determine in a military divorce. It can be difficult to determine what constitutes “income” for calculating child support. Furthermore, spousal support is often requested by a non-military spouse in a divorce. This is because it can be difficult for a non-military spouse to maintain consistent employment. Much less advance in a career, because of the nature of being a military spouse.
Uncontested North Texas Divorce
If you are in the military, or you are the spouse of someone who is, and you are contemplating divorce, contact Ready Divorce Service to discuss your options. We can assist you with an uncontested divorce or fill out our Divorce Questionnaire. We will get back to you, shortly. You can also call us at: (817) 405-0025.
