Military Divorces

While there is no official legal category for military divorces, proceedings which involve a member of the military, reserve, guard, or other service do bring with them several important considerations which are not present in most civilian divorces. The nature of military service, combined with several state and federal laws on the topic, makes for unfamiliar territory – even for many divorce lawyers.

One very important issue is active duty service. Unlike many civilian jobs, a military career often necessitates very long periods away from home, during which communication may be spotty at best. Not surprisingly, such long absences can lead to relationship tensions and possibly divorce. And yet another problem – how is a military member on active duty expected to respond to divorce proceedings a thousand miles away?

A potential solution was enacted by Congress as part of the Service members Civil Relief Act, legislation intended to free active duty men and women from pressures and distractions while performing their duties. Under the Relief Act, service members’ divorce proceedings may be postponed, at the discretion of the judge, for the length of their active service term, plus 60 days after their tour ends.

Of course, such a remedy is not absolute. To begin with, the final decision to stay divorce proceedings rests in the hands of the judge. Furthermore, it is not always in the best interest of the service member to delay divorce proceedings for a long period of time. Alimony, child support, or military retirement benefits awards to the spouse could increase as more time passes; in certain situations, conducting divorce proceedings through long-distance mediums (such as the internet) is both the most feasible and beneficial option.

To learn more about the intricacies of military divorce or divorce in general, contact an Austin divorce attorney from the Slater, Kennon & Pugh Ltd.LLP law firm today at 512-472-2431.