Life in the military can be stressful even in the best of times. But when you’re dealing with a marriage that’s starting to near its end, serving your country can be even more stressful. There are many challenges to military divorces that civilian couples simply don’t have to worry about, and those complications can make reaching a fair settlement, even when you’re filing for an uncontested divorce, harder than you deserve. Working with an experienced Virginia military divorce attorney can take some of the stress out of the equation, but you’ll still want to familiarize yourself with the common challenges military service members can face.
Deployment
When you’re deployed, the distance between you, your family, and your divorce attorney can make the divorce process more difficult to navigate. But difficult doesn’t mean impossible. Military divorce attorneys understand that your deployment must come first and they’ll find ways to speak with you when you can’t meet face-to-face, even if the hours aren’t within normal business hours. They’ll be able to help you keep the divorce on track even when you’re in another country.
Identifying Jurisdiction
When you move frequently due to different deployments, figuring out where you should file for divorce can be tricky. Luckily, Virginia has some clear-cut guidelines that can help you decide if filing in the state is the right choice. To be eligible to file for divorce as a military servicemember, you or your spouse must live in Virginia for at least six months. If you were stationed in Virginia for the last six months or your spouse lived in Virginia for at least six months while you were deployed out of the state, you may file for divorce in Virginia. If you don’t meet that residency requirement, you’ll need to file in your previous state of residence.
Child Custody
Child custody arrangements are another challenge that military family members need to navigate. Ideally, you and your spouse will be able to reach an agreement on your own. However, if you need to leave it to the court to decide, the court will consider how often you’re deployed or likely to be out of the state when determining custody. It’s their job to ensure that your children have a stable environment to grow up in. Your attorney will be able to present your case and help you and your spouse reach an agreement that works for you and your children.
Dividing Property and Benefits
Depending on the length of your marriage, your spouse may be entitled to certain military benefits. Dividing those benefits can make the divorce a bit more time-consuming. Keep in mind that you and your spouse can reach an agreement if you’re filing for an uncontested divorce, which may make the process easier for both of you.
Child Support Payments
You and your spouse may independently determine how much child support you should contribute each month. But figuring out the right amount isn’t the only plan you’ll need to have in place. You’ll want to implement a plan for child support payments when you’re deployed and unable to access your bank accounts with any regularity. Your Virginia military divorce attorney can help you create the appropriate plan.
If you need the court to help you and your spouse reach an agreement, they should include a contingency plan for payments when you’re deployed. If they don’t or you’re particularly concerned about it, your attorney will be able to help.
Let an Experienced Virginia Military Divorce Attorney Help
The challenges military service members face when getting divorced are unique, but they’re navigable with the right help. AC Rieman has represented military service members in Virginia for years and will treat your situation with the care and understanding you deserve. Contact us today to schedule a free consultation.