If you are a service member, or married to a service member, you may find yourself dealing with special challenges when you consider divorce. In fact, military couples face certain issues in a divorce that civilian couples may not.
For example, you may face restrictions on where the divorce can be filed. You may be able to file for divorce in the state where your spouse is currently resident or domicile. You can also file for divorce in any state that you and your spouse are currently stationed in. Since these matters are so complex, it’s best to retain a San Jose family lawyer before you file your papers.
Child custody matters are even more complicated when military couples are involved, because these families are often traveling, and stationed across the country and the world. Because of this, it may be difficult to create and stick to a parenting time or visitation schedule, as is normally done in civilian divorces.
A military divorce may also involve provisions for child support. In fact, if you're the parent claiming child support, you may find that your status as the spouse of a military member actually benefits you, because service members are held to very high standards as far as complying with child support orders is concerned. Service members may face special sanctions and punishments if they fail to comply with child support orders.
Military couples also have access to a much wider variety of benefits than civilian couples. For instance as the spouse of a service member, you may have access to several types of benefits, like pension benefits, insurance, and other benefits during a divorce.
For help navigating all of these challenges during a divorce, speak to a San Jose family lawyer.