When a couple files for divorce, the issues differ from case to case. Not all marriages produce children, some couples are lucky enough to have no debt to divide, and others must tackle the issue of property division. Another unique factor is that of the military serving spouse. Divorces involving one or more service members present issues only seen when Uncle Sam is part of the mix.
A few common issues that arise for military members seeking divorce include:
● Service of process on an active duty service member
● Division of military retirement plans
While the parties will still have to decide visitation, custody, support and other issues nonmilitary members face when divorcing, perhaps one of the biggest issues is making sure an active duty member is afforded the legal protections provided them under the law. The Servicemembers Civil Relief Act is one such law that must be followed. This Act provides certain protections to active duty service members Cases against an active duty military member are either prohibited, or limited by the Act. It is very important to make sure your ex is not on active duty when contemplating divorce, and the first step in this regard is to run a search of the Department of Defense database for active duty members. While it may seem odd to not know if your ex is on active duty, there are circumstances where the lack of communication between the parties is at such a level that this information may not be known. The attorneys at Ferraro Law Group are experienced in searching for active duty status, and know how to proceed in a case where one party is on active duty.
If you have questions about divorce involving a military member, call our office for more information. Schedule an appointment with a skilled family law attorney in Stuart and the Treasure Coast to make sure your case is handled properly.