Military divorces are generally subject to the same family law statutes as any other divorce. State laws, not military rules, generally dictate what happens after one spouse files for divorce. However, military divorces have a reputation for being especially complex for a reason. Service members and their spouses often need to work with attorneys familiar with the unique challenges that arise during military divorces.
With the right guidance, spouses can identify and navigate unique challenges that affect military families. What issues can make military divorce more difficult to navigate?
1. Jurisdiction challenges
Military families may need to relocate regularly. They may live in a different state every few years. Determining what jurisdiction applies or waiting to file after relocating can leave service members and their spouses feeling frustrated and confused. Those stationed or living in Colorado must live in the state for 911 days before they are eligible for a divorce in the Colorado family courts. If the couple has minor children, the children must have lived in Colorado for at least 182 days or since their birth, if they are young infants, for Colorado divorce and custody rules to apply.
2. Concerns about benefits
Military pay and benefits can be a challenge to address during divorce. Dependent spouses may only be temporarily eligible for certain benefits during and after a divorce, while shared children may retain eligibility for key benefits, such as TRICARE medical coverage. Even long-term benefits, such as a military pension, can create challenges during divorce proceedings. Spouses may need help identifying their rights and following the appropriate procedures to address benefits appropriately during the divorce.
3. Child custody complications
Sharing custody after a military divorce has its own unique set of challenges. The courts must adhere to the same legal standard, which involves prioritizing the children’s best interests when allocating parental rights and responsibilities. However, the parents may need to have a much more detailed plan that addresses a variety of different situations, including deployment and off-site training. The custody arrangements may need to include provisions for virtual visitation and other plans for a long-term separation triggered by military service.
Navigating a military divorce requires an understanding of both military rules and state statutes. People often need help understanding their rights and preparing for an upcoming military divorce, and that’s okay.