According to the Defense Department, there has been an increase in divorces by 3.7 percent compared to the last decade. The divorce process can be made hard if a spouse is deployed.
Typically, the divorce time is an emotional and trying moment. The spouses with ex-partners serving in the United States Military have more complex expectations from the process. A military annulment has many complex procedures that you should expect they arise. According to the divorce attorney Fort Worth, here are some of the expectations from a military divorce.
You should expect to be creative with how you do child custody
Military jobs come with deployment, sometimes within the country or beyond borders. When children are involved during a military divorce, both spouses should be creative on child custody. When a spouse gets deployed, the other partner should be creative in making child custody arrangements.
Incase both parents are deployed, it will be best to seek an attorney’s services, such as The Law Office of William D. Pruette, Divorce Attorney Fort Worth, who has enough experience in handling family laws and divorce.
A divorce attorney will help provide guidelines on who takes care of the children when both parents are deployed. Therefore, having the right plan for when both of you are deployed is necessary, as stated by the Service members Civil Relief Act.
Expect a more extended time during the divorce process
Because of the unavoidable deployment call, the divorce process can take longer than usual. The Servicemembers Civil Relief Act, protects partners that are actively on duty from any legal proceedings.
For example, if the involved spouse can prove that they are out deployed on duty and cannot be available for legal proceedings, 90 days’ stay’ authority can be granted. If the 90 days elapse before returning from deployment, a further request for extra days can be requested, which will also be granted.
According to the divorce attorney in Fort Worth, the many civil court procedures involving the division of military wealth and child custody can take much longer than other typical divorce cases.
Expect to get shares of the military benefits
Many clients tend to ask the divorce attorney Fort Worth, Tx, what happens with a military spouse’s retirement benefits. There are sole property benefits and community property according to the Uniformed Services Former Spouses’ Protection Act. The benefits are shared according to your state.
In this case, Fort Worth, Tx, is a community property state. Community property states are regarded as marital property. Therefore, during divorce, the properties are shared equally amongst the spouses.
What you should know before getting military retirement benefits, there are laws regarding the split of properties. Former spouses must have proof or show that they have been married for not less than ten years. The servicemember spouses also should have served in the military for a minimum of 10 years.
If you are considering a military divorce, you should contact The Law Office of William D. Pruette, Divorce Attorney Fort Worth. From us, you will know your rights during the divorce process and find out what will happen to your military retirement benefits.