Family Law Considerations for Military Families

Military families face unique legal challenges in family court. Servicemembers may have to move around or serve overseas. This can be stressful for military families, servicemembers, spouses, and children. When family law issues develop, the family may have to turn to their state’s family law courts for help.

Laws and family codes depend on state law. An experienced family law attorney can tell you about your family law legal options in the state where you live. For more information about family law matters for military families, speak with a family law attorney. 

What Are Common Issues for Military Families in Family Law?

Family law court is different from other types of civil legal issues. In family law, the people involved may be related, in close relationships, or still have to remain in contact. Military families may have the same family law issues as other families. However, the requirements of the military can make these issues more complicated. Common family law issues for military families include:

• Marriage
• Divorce
• Child custody
• Child support
• Alimony or spousal support
• Adoption
• Guardianship
• Paternity testing
• Domestic violence protection orders

How Does a Military Couple File for Divorce?

Military service can put stress on military family members. When a servicemember or military spouse wants to get a divorce, it can be more complicated than for civilians. Divorce laws are based on the state where you reside. However, servicemembers and their spouses may have only lived in the state for a short time or be stationed overseas.

Many states have residency requirements for divorce. Some states also have a mandatory waiting period between filing for divorce and when the divorce is granted. Generally, military members can file for divorce in the following states:

• The state where their spouse resides
• The state where the servicemember is stationed
• The state the servicemember claims as their residence

If you have questions about filing for a military divorce, talk to a lawyer. Your attorney could advise you on which state may be the best option to file for divorce. Your attorney can also guide you through the process of protecting your family and your property.

Who Gets Child Custody in a Military Family?

Military servicemembers face additional challenges in child custody matters. As part of the job, servicemembers may regularly have to move or serve active duty overseas. Service members should still have co-parenting rights and spend time with their children.

Courts generally prefer to have both parents share child custody. However, the terms of custody and visitation rights can depend on the individual situation. The best option is for the parents to devise a visitation and child custody arrangement they can both accept. If not, the court will decide child custody cases. The court decides child custody issues based on what is in the best interests of the child.

Do You Have to Pay Alimony From Military Pay?

If the court orders you to pay alimony or spousal support, the courts will enforce the support if you fail to make payments. Direct payments of military pension retirement pay can go to the former spouse for alimony and child support.

The Uniformed Services Former Spouses’ Protection Act provides benefits to the former spouse of military personnel. A former spouse can get direct payments of the servicemember’s retirement pay, health benefits, and PX and commissary benefits. For the former spouse to get retired pay benefits, you must be married for 10 years or more, with 10 years or more of military service.

How Much Is Child Support for Service Members?

As part of a divorce involving children, the court will determine child support obligations. The non-custodial parent generally has to pay child support to the custodial parent. Child support is generally determined by state law. The state where you get a divorce will decide how much you will have to pay for support.

There are several factors that the court uses to calculate child support, which may include:

• Number of children
• Time spent with the children
• Income and earnings of both parents
• Child’s healthcare needs
• Child’s special education needs
• Standard of living
• Other relevant factors

If you fail to pay child support, the court can garnish your military pay, military retirement, and VA disability payments. You may also face non-judicial punishments or disciplinary action for failure to make support payments.

What Is the Servicemembers’ Civil Relief Act?

The Servicemembers’ Civil Relief Act (SCRA) provides certain legal protections to servicemembers and their families. Servicemembers who are serving their country can have certain civil obligations postponed or suspended, including:

• Mortgage payments
• Taxes
• End of lease agreements
• Eviction

This can relieve some of the stress associated with a divorce or separation. For example, suppose one parent tries to change a child custody agreement while the military parent is on active duty military service. In that case, the SCRA provides an automatic stay or delay of civil court proceedings.

How Can a Family Law Attorney Help Military Families?

Family law issues can be stressful for anyone. Military members may have the additional stress of being away from home on active duty. A family law attorney can help guide you through the legal process and represent you in family court. Your attorney can explain your options and help protect your parenting rights and property in a divorce. If you have questions about family law cases, talk to a military family law attorney.