Military Divorce: Is It Distinguishable From Civilian Divorce?

Boston military has extraordinary rules & statutes for their active duty service members. There are also rapid sentences for disobedience, including nefarious release. While facing a bizzare situation, military members might wonder how to abide by stringent rules. One of the most confusing problems encountered by active duty military members who intend to dissolve their courtship is the provision for military divorces.

Turco Legal P.C. shows that military divorces are similar to civilian divorces in many ways, where child support, custody, alimony, and property division need to be addressed. Besides similarities, there are some significant distinctions between civilian and military divorces, too! Hence, if one of the spouses is an active-duty service member, a Boston family lawyer who’s professional in military divorces can help navigate this challenging process.

Military Divorce Vs. Civilian Divorce

Most Boston dwellers know the elementary divorce proceedings via borrowed information from family or friends or from watching the divorce process on TV. Although a military member goes through a distinct protocol from civilian divorces, you must teach yourself about several complicated ordinances and federal law zones on military divorces.

5 Ways Military Divorce Varies from a Civilian Divorce in Boston

Service of process – The spouse who files for divorce has specific preferences in how to serve the papers to the other spouse in a civilian divorce. The documents can be served personally, via an online process, or mainly sent by an associated email ID. On the other hand, in a military divorce, Boston law requires the petitioner to have the papers personally dispatched to the other spouse. The divorce process may be postponed if the spouse is on active duty overseas.

Default judgments – This means when one side prevails in a verdict, the other side can’t appear. In a civilian divorce, the petitioner can win a default decision if the other spouse denies collaborating with the divorce process or doesn’t respond. On the other hand, if the spouse is an active-duty service member, the petitioner can’t prevail in a default judgment. If the military spouse fails to respond, a court can stop the divorce procedure for 90 days or more under federal law.

Jurisdiction – The state’s legal requirements apply to civilian divorces involving two people living together. The Federal Service Members Civil Relief Act (SCRA) and the Uniformed Services Former Spouse Protection Act (USFSP) are federal laws that apply to military divorces.

The Maximum Amount of Income Withheld from Support Programs – Similar to civilians, military people are needed to back their kids and can be required to pay alimony to their spouse. However, paycheck deductions for alimony and child support must not surpass 50-65% of the disposable earnings of the service member. The entire amount of the court-ordered support contribution may be deducted from the service member’s salary if it falls within the maximum percentage permitted for salary withholding.

Potential impact on security clearance – The possible implications of military divorce scenarios on security clearance are significant. Compared to civilian divorces, where safety clearances aren’t mainly at risk, military ones can affect the service person’s capability of maintaining their dues. Safety clearances are bound to a service member’s ability to fulfill particular criteria, including financial stability and personal conduct.

Losing a safety clearance can have acute outcomes, such as career growth, loss of job opportunities, and the ability to serve in the military. Hence, it’s vital to undergo a military divorce to steer the process meticulously and demand legal assistance to safeguard their safety clearance.

Conclusion

Military divorce’s distinct challenges and considerations isolate it from civilian ones. Hence, military people must go through a divorce process to access legal resources and efficiently steer these particular issues.