It is advised that anyone in the military who would like to file for divorce should do so within the United States to avoid any potential problems. The military divorce laws make it possible for somebody to file in the state where they are stationed. It is also possible to file in the state where the nonmilitary spouse currently lives or the state which the military spouse has claimed as their residency.
Both the military service member and the nonmilitary spouse have legal rights when it comes to divorce. The same is true when there is a dual military divorce. It can be difficult for an active duty service member to be served divorce papers when they are overseas or during their active military duty. However, certain laws such as the Service members Civil Relief Act (SCRA) give service members more time to respond to divorce papers. They will also be given more time for the divorce hearing in court or any administrative process that is needed to help them prepare for the divorce case. Military members are also protected from judgment against them when they have failed to respond to divorce papers or a lawsuit. This will give the military spouse time to prepare their case with a qualified Mesa AZ Military divorce lawyer that is not hindered by their commitments to active duty service.
A trained lawyer will be able to tell you how this will slow down the divorce process, and in some cases, the court can grant an extension to the request for divorce after the initial 90-day period. The military person may have as long as it is necessary for them to complete their military service and respond to the divorce proceedings. It might appear to the nonmilitary spouse that they have no rights, but this is not true. Non-military spouses do have access to military legal assistance to help them decide on how to proceed with the divorce. However, they will need to find a civil divorce attorney to handle their case. The nonmilitary spouse can also have access to spousal and child support. They will need a skilled family lawyer to help them with military spouse divorce alimony, child custody, visitation, division of assets, and any other contested issue that the couple cannot come to an agreement on during the divorce process. There is a federal act called the Uniformed Services Former Spouse Protection Act that can provide further assistance to nonmilitary spouses after the marriage is dissolved.
The road leading to a divorce might be a long and hard one for some people, and it is further complicated when one spouse is an active-duty military personnel. If you are just starting the divorce process, you might be wondering, “How long does a military divorce take?” The path may seem like it is littered with lots of legal jargon that is difficult to understand. However, a divorce should not be that way, and anyone in the military and their spouses can get help with divorce papers by retaining the guidance of a divorce lawyer. There are a few legal issues that need to be worked out when one of the people within the marriage is in the military.