Case Consultation
(423) 888-3030
If you or your spouse are in the armed forces and you are considering dissolving your marriage, it is important to first understand the process and regulations of a military divorce in Hamilton County. The military provides a substantial amount of support for its members who are going through a divorce, but there is much work that you will need to do with legal assistance.
A qualified divorce attorney who knows the federal and state laws that are involved with military divorces could help you through the process.
Although military divorces still fall under state law, there are differences between a civilian divorce and a divorce involving someone in the armed forces. Some of those differences include dividing retirement pay and military pension. For example, when a spouse is on active duty, they typically have to execute a power of attorney that gives the spouse at home the ability to make financial decisions.
There are also differences that happen in court proceedings for individuals who are currently on active duty. The Servicemembers Civil Relief Act helps those service members and can allow a postponement of civil court or administrative proceedings. It can also protect the active duty member from default judgments for failure to respond to a lawsuit or appear at trial. Additionally, the military has on retainer legal assistance attorneys who serve as facilitators to help people find local counsel.
Because a military divorce has different implications and rules than a civilian divorce, there are factors to consider when going through the process in Hamilton County.
If a couple is living on a base but their actual state of residence is in another state, they may have different rules to adhere to. For example, every state has different laws for divorce, and for a military divorce, so the parties may have an opportunity to file the divorce in the state where they have legal domicile.
When one of the spouses is deployed or on active duty, the military typically facilitates a postponement of the civil court or the administrative proceeding on the grounds that the active-duty spouse proves they are unable to attend because of their duty.
Child support and property division may not always be part of a military divorce, but these issues can arise. For example, if the couple is living on a base and getting allotment, or benefits for being on base, getting a military divorce could affect or change those benefits.
Going through a divorce can put a strain on you, your ex-spouse, and any children you may have. However, it could benefit everyone involved to have an attorney who has experience working with these cases and helping individuals maneuver the complicated process. An attorney could use their qualifications and experience in other cases and apply them to your specific needs.
Call today to schedule a consultation and begin working through your military divorce in Hamilton County.