Members of the United States Armed Forces have many unique and dangerous duties that oftentimes force them to move from place to place or remain deployed overseas for extended periods of time. Because of this, military divorces have several unique issues that must be considered. Pennsylvania law takes into consideration some of the many ways that being employed in the military necessitates a difference from civilian divorce.
What is unique about the military divorce process?
Divorce law in itself can be extremely complex. When it comes to the family, there are often so many emotions and considerations that do not necessarily apply in other legal cases. Military divorce is no exception. In addition to the emotional aspects of the case, military divorce also necessitates a change in filing and timeline, no matter how mutual or amicable the divorce may be.
Some ways that military divorce differs from civilian divorce include:
- The Soldiers and Sailors Civil Relief Act allows a divorce proceeding to be postponed while the military member is on active duty and up to 60 days following the end of their active duty
- The military member must be served personally with a summons to appear in court and a copy of the divorce action
- The military member of their spouse must reside or be stationed in Pennsylvania
- The Uniformed Services Former Spouses' Protection Act determines how military benefits are calculated and divided in divorce
- Federal law does not cover the distribution of retirement benefits to the spouse unless they have been married more than 10 years and while the spouse was on active duty
- Child support and alimony cannot exceed 60% of a military member's pay and allowances
In some cases, such as in uncontested divorce, some of these restrictions can be waived in writing by the military spouse in order to ensure a quicker and easier divorce proceeding.
If you or a loved one is in the armed forces and seeking to end your marriage, consider one of the quick and easy eDivorce ℠ options that are available to you. Our firm can work with you and your spouse to ensure that the military restrictions and considerations do not interfere with the divorce you deserve. Call today!
