Family law can be complex for anyone, but military families face unique challenges that set their legal matters apart from civilians. Understanding these differences is vital for military service members and their loved ones.
How Military Family Law Differs from Civilian Family Law
Military family law involves specific rules and procedures to address the unique circumstances of service members and their families. These distinctions impact how divorce, custody, and support are handled. Knowing what makes military law different can make all the difference in protecting your rights.
Jurisdiction in Military Family Law Cases
One of the first challenges in military family cases is deciding which state has jurisdiction. Military families often move frequently, making it unclear where to file for divorce or custody. Here’s how jurisdiction works:
Residency Requirements
Establishing residency means living in a particular state for a set period for civilians. For active-duty military personnel, residency could be based on where they are stationed, their designated home of record, or where their spouse resides.
Servicemembers Civil Relief Act (SCRA)
This federal law offers protections for service members, such as delays in court proceedings if active duty makes it impossible for them to participate.
The Impact of Deployment on Legal Issues
Deployment adds a layer of complexity to family matters that civilians don’t experience. Courts must consider how service obligations can affect parental responsibilities and access to legal systems. For instance:
Temporary Custody Adjustments During Deployments
Courts often create temporary custody orders for the service member’s absence. These orders can include alternative visitation arrangements, like virtual calls or visits with extended family.
Post-Deployment Modifications
Once a deployment is over, custody arrangements may need to be revisited to reflect the returning parent's ability to care for their child.
Military Benefits in Divorce and Support Cases
Military benefits add extra considerations during divorce and support settlements. From housing allowances to retirement benefits, here are the key differences:
Division of Military Retirement Pay
Military pensions are often divided as a marital asset during divorce negotiations. The Uniformed Services Former Spouses’ Protection Act (USFSPA) governs how these pensions are divided, depending on the length of the marriage and overlap with military service.
Thrift Savings Plans (TSP)
This retirement account is another asset that might be subject to division in divorce.
Health Benefits via TRICARE
Military dependents may lose access to health care after a divorce unless they meet specific conditions under the law.
Child and Spousal Support Guidelines
Military service requires adherence to both civilian court orders and military regulations on support. A service member’s Basic Allowance for Housing (BAH) and other benefits are factored into support calculations.
Custody Issues with Military Families
Custody concerns can be especially challenging for military families. Courts must balance the child’s best interests with the realities of military service.
Parental Role Adjustments
A service member’s obligations, like deployments or training, may impact their ability to provide daily care. Courts usually avoid penalizing parents for fulfilling their duties, but it still influences custody decisions.
The Role of Family Plans
Military families are often required to create family-care plans, outlining how children will be cared for during deployments. These plans can play a significant role in custody determinations.
Practical Steps for Military Families Handling Legal Issues
Family-related legal issues are never easy, but understanding your rights and responsibilities is the first step. Here are practical tips for military families navigating family law matters:
1. Work with an Attorney Who Specializes in Military Family Law
Because military family law involves unique legal considerations, it is critical to find an attorney with experience in this field. A knowledgeable lawyer can help with jurisdiction questions, benefit division, and custody disputes.
2. Keep Accurate Records
Documentation is vital in legal proceedings. Maintain records of deployments, correspondence about custody, and any agreements related to support or property division.
3. Understand Your Benefits and Obligations
Educate yourself about military benefits, such as retirement pay and health care coverage, and how they can be impacted by divorce or separation.
4. Develop a Family-Care Plan
If you’re in the military, create a solid care plan for your children in case of deployment. This not only ensures their well-being but can also demonstrate responsibility in custody proceedings.
5. Be Proactive About Communication
Clear communication is key for military families. Coordinate agreements early, especially when deployment is anticipated, to minimize misunderstandings and conflicts.
Providing Justice to Clients in Norfolk, Virginia Beach, Newport News & Across the World
If you are a military family facing legal challenges in Norfolk, VA, The Griffin Law Firm is here to help. Our experienced legal professionals specialize in military family law, providing the guidance and support you need to navigate your legal matters with confidence. Contact us today at (888) 707-4282 to learn more about our services and how we can assist you in achieving your legal goals.