Families in the military services already face a sufficient number of obstacles. Throwing the decision to dissolve a marriage to the mix of traveling, deployments, and separation from their families is a difficult concept to swallow. As a result of these factors, getting a divorce as an active-duty soldier or as the spouse of a soldier may appear to be an arduous task.
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Learn more about military divorce in Michigan.
Divorce in itself is a tough process, but when military divorce benefits enter the scene, it may become even more difficult. To make matters easier, here are a few things you should know about how and where to file a military divorce.
What Does Military Divorce Mean?
A military divorce is a unique sort of divorce that happens when one or both spouses are in the military. In order to protect military members who are unable to attend hearings, they often require additional standards to be met, and as a result, they occur less often than other divorces.
In contrast to a normal divorce, a military divorce in Michigan presents special difficulties involving both federal and state law. Special laws have been enacted to prevent active-duty military personnel from failing to answer to a divorce petition while they are deployed. The applicable law permits divorce process to be delayed during the duration of an active military member’s deployment and for up to 60 days afterward. Despite the fact that the criteria to file a military divorce are identical to those for a regular divorce, there may be discrepancies in the distribution of property and calculation of child support.
Seeking for a military divorce can result in conditions and aspects not present in civilian divorces. Before deciding to file, you should consult with an experienced military attorney if you or your spouse is a member of the armed forces, since there are certain laws that could possibly affect your family and yourself. Listed below are a few examples that our law company can help you understand better.
- Benefits
- Guidelines and rules for the armed forces
- Division of Pensions
- Residency requirements
- Rights of an Unmarried Father
- Property division
- Serving an active officer or sailor
- Service Members Civil Relief Act (SMCRA) relating to divorce proceedings
Where Should I File for a Military Divorce?
Generally, a military person can file for divorce in either the state in which he or she is deployed or the state in which he or she resided before going on active duty. To qualify as a resident of Michigan for divorce reasons, the military member must establish residency in the state for at least 180 days. If the military member’s spouse had resided in Michigan for at least 180 days, the divorce could also be finalized there.
If the divorce is uncontested, the active-duty service member may sign a waiver affidavit in lieu of receiving a summon. Furthermore, divorce proceedings may be postponed while the military spouse is on active duty and for up to sixty days after he or she returns home, unless a waiver allowing the divorce to continue is signed.
These regulations safeguard actual service members from default for failing to appear for a citation and permit them to participate in divorce hearings in order to influence the outcome. Otherwise, a non-military spouse may simply obtain a divorce and set conditions that are detrimental to the military spouse.
Seek Advice From Knowledgeable Military Divorce Lawyers
Whether you are a member of the armed forces or married to one, the best way to go with your divorce is by contacting skilled military divorce attorneys who have the knowledge and expertise to defend your best interests throughout a military divorce in Michigan. Contact Goldman and Associates or book an appointment immediately for a free legal consultation.