Filing for an uncontested divorce as a civilian can be a difficult experience, but when you’re a military servicemember, the process can seem even more confusing and stressful. Though much of it will be similar to civilian divorces, there are some key differences that your trusted Virginia military divorce attorney wants you to be familiar with before you file. Let’s take a closer look at what you can expect from uncontested military divorces in Newport News.
How Military Divorces Differ From Civilian Divorces
On the surface, uncontested military divorces look similar, if not identical, to civilian divorces. Both parties are in agreement that the marriage is over and both agree to most of the terms of the divorce. But the challenge comes one spouse is deployed. Since deployment makes responding to requests and working with a divorce attorney more difficult, the government has provisions in place. It allows the divorce to be postponed while the military servicemember is on active duty. Once they return home, the divorce proceedings can begin as normal.
That said, if you’re comfortable working with your military divorce attorney while deployed, you can. In these instances, the divorce will be filed and likely settled on schedule.
The Requirements in Place
Just as with civilian divorces, you or your spouse must be a resident of Virginia or stationed in Virginia for at least six months before filing for divorce, whether you’re filing for uncontested or traditional divorce. If neither of you satisfies the residency requirement, you can either file in your previous home state or wait until you’ve been a resident of Virginia for six months.
Assuming you and your non-military spouse are in agreement and are pursuing an uncontested divorce, you’ll need to sign a waiver of acknowledgment for the divorce to start. This is the easiest option and allows the divorce to move forward easily. But if you’re filing a traditional divorce, the non-military spouse will have to serve you a summons and a copy of the divorce filing for things to proceed.
How Pensions Are Handled
In Virginia, marital assets are divided in a way that’s fair for both spouses. But what’s unique about military divorces is how military pensions are handled. If you and your spouse have been married for more than 10 years, the pension is considered marital property. That means it will be divided between you and your spouse. But if you’ve been married for fewer than 10 years, the military servicemember retains full rights over the pension.
What to Expect With Child Support and Custody
Child support and custody arrangements are also trickier in military divorces, particularly if the military servicemember is at risk of being deployed. The government will pay a portion of the child support costs based on the military servicemember’s rank and length of service. But non-military spouses may need to petition for higher amounts.
If you’re filing for an uncontested divorce, you and your spouse may be able to reach an agreement on your own. If not, an attorney may need to represent your case and show why the original amount is insufficient.
With custody arrangements, things can be even harder. If the military servicemember could be deployed or stationed in a different state, the courts will take this into consideration regarding visitation and custody arrangements. Again, if you’re filing for an uncontested divorce, you and your spouse should be able to reach an agreement on your own.
Work With an Experienced Military Divorce Attorney
If you’re considering getting divorced and you or your spouse serves in the military, you’ll want to work with an attorney who understands the challenges and nuances of traditional and uncontested military divorces. At AC Reiman Law, our team is proud to help servicemembers in Newport News and surrounding areas with their divorce filing. Contact us to schedule a consultation.