Going through a divorce is always difficult, but unique complications may arise if one or both parties are in the military. If you wish to divorce someone who is actively deployed in another state or country, you will not be able to proceed with the dissolution process until the deployment is over.
A New Haven military divorce lawyer can advise you on how to navigate the process of leaving your spouse. Get in touch with a seasoned marital dissolution attorney to learn more about how our firm can help you in your case.
To file for divorce in Connecticut, at least one party must have resided in the state for 12 months before filing or before the date the divorce judgment will be issued. Alternatively, individuals who have not lived in the jurisdiction for 12 months can file if the breakdown of the marriage occurred after they moved to Connecticut.
Filing in this state may also be appropriate if both parties were residents at the time of the divorce, then left and returned with the intent to reside in the state permanently. Once the jurisdiction has been established, all marital issues, including child support and custody, will be decided pursuant to state law.
Members of the armed forces often travel frequently, so it may be difficult to determine where to file for divorce without a lawyer. A knowledgeable attorney can help a spouse identify the correct jurisdiction for their case.
Divorce papers must be served where the recipient resides. Individuals may not be served while they are deployed. If the spouse of an armed service member wishes to separate from their partner, deployment can significantly impact the length of the dissolution process. Regardless of deployment states, a skilled lawyer can help an individual prepare the filing and serving documents while the other spouse is on active military duty.
Once two people are divorced, they may not remain on each other’s health insurance plans. This is the same for individuals in the military. When the spouses have children together, they must reach an agreement regarding who will carry the child on their insurance plan. A legal professional can help draft parenting plans with divorcing spouses who are in the armed forces.
When two parties are divorcing, they may disagree on who is entitled to certain assets. A civilian spouse may be entitled to portions of the other party’s military pensions and benefits. The court will consider factors such as the length of the marriage when ruling on the division of assets. If the court awards the civilian spouse a percentage of the military pension, the attorney on the divorce case must draft a qualified domestic relations order (QDRO) to ensure that no penalties are paid for the pension transfer.
If you or your spouse are in the armed forces, there are certain things you must consider before getting a divorce. The timing and jurisdiction of the case will vary depending on deployment status. If you have any questions about the marital dissolution process, contact our office to schedule a consultation with a New Haven military divorce lawyer.