Military Divorce – Largely Due to Long Deployments Overseas

Posted by on Mar 7, 2014 in Uncategorized | 0 comments

Divorce is always a painful process, whether it happens to a civilian couple or with one spouse in military service. And it must have been a cause of concern to the Defense Department when the rate of divorce, involving military personnel, increased particularly after October 2001, when combat in Iraq and Afghanistan began.

The war resulted to the deployment of more than 2 million American service men and women to the two countries, to search for the brains behind the 9/11 attack. Due to the long deployment, however, the most common effect was a decision and move by civilian spouses to divorce their military partners.

According to the Defense Department, the rate of divorce among military couples also increased steadily from 2001 to 2011 – the beginning and the duration of the Afghan operations. Divorce was higher between couples who were childless and who got married before 2001. Studies sponsored by the Department of Defense somehow manifested that civilian spouses who were married to service men/women after 2001 were more prepared to accept the consequences of being married to a military personnel, and that includes long deployments when called to active duty, as well the risk of being a casualty of war.

Even if one of the spouses in a divorce case is a military personnel, the divorce process will still have to be governed (largely) by state laws and procedures. There are some states, though, that consider certain military regulations and federal statutes in a divorce process, such as the Uniformed Services Former Spouses’ Protection Act. The Act is about division of military retired pay, medical assistance and other benefits.

According to an article about divorce, a family law firm based in Oceanside, in a divorce process involving military personnel, there are certain conditions and laws that directly affect a service man/woman, his/her spouse and their child/children, if there are any. It is important, therefore, that divorcing spouses know and understand the divorce laws of the state where they file their application for divorce.

Often, the intricacies presented by the law itself, can be an extra burden for the affected spouses, who may already be suffering from the emotional weight and other effects of divorce. Coupled with all other concerns, such as child custody, child support, division of properties and assets, and others, the whole process can be an overwhelming experience. Thus, hiring the services of a great family lawyer, who is familiar with both civil and military laws governing divorce, would be a big help in settling all issues more effectively and in accordance to what the law allows and stipulates. For more information regarding the divorce process, visit the website of Raleigh divorce lawyers Marshall & Taylor.

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