If you or your spouse is an active duty service member in the U.S. military, then the process of a divorce or legal separation would look quite different from a civilian divorce or separation. Keeping reading to get an overview of how military code and federal law can affect these legal processes.

Legal Separation

This is distinct from simply a separation, where a couple lives in different households and contemplates divorce while seeing if their marriage can be saved. If the separation is long, they might create a separation agreement. They will still be legally married under the eyes of the law. This agreement may simply be the precursor to a legal separation or divorce agreement.

A legal separation is something granted by a court, and this is an option for couples who do not want to divorce, perhaps for religious reasons, or perhaps to keep a spouse's health insurance, for example (first ensure that legal separation doesn't disqualify you for coverage either). Under a legal separation, a couple is still legally married, but spouses would create an agreement that covers alimony, child support, child custody, and division of assets and debts.

So what is different about a legal separation for military spouses? In civilian separations, a spouse can date someone else and not face criminal charges (in most states). But if at any point before a divorce a service member dates someone who is not their spouse, they could face the charge of adultery under Article 134 of the Uniform Code of Military Justice (UCMJ). If you have a legal separation, or if you are waiting for a divorce to be finalized, then you are still considered married.

Then there are several issues that will be decided by federal laws or military codes instead of state rules, such as the division of:

• Military pay
• Military retirement and health benefits
• Some types of property

Military Divorce

If you are getting a divorce, and at least one of you is an active duty service member, then this means key differences from a civilian divorce in:

• Where You Can File for the Divorce: While this issue is straightforward in a civilian divorce, it has to be decided in a military divorce whether or not you can file in the state where the military spouse is domiciled, or if both spouses can agree on the state where they will file, for example.
• How You Calculate Spousal & Child Support: While state guidelines will probably apply in your divorce, it can simply be tricky to determine what a military spouse's income is, as their paychecks and tax returns are different. You might be able to turn to military support guidelines to create an interim support order while you wait for a final court order. There will be further issues when it comes to enforcing support orders during deployment, or modifying these orders.
• How Child Custody Is Determined: This is issue is an emotionally tumultuous one in any divorce, but military personnel face the complicating issues of possible deployment and regular relocations. Special arrangements can be made for custody and visitation, and a service member might also delay proceedings if necessary through the Servicemembers Civil Relief Act (SCRA).
• What Happens to Military Benefits: As with any divorce, state laws could say what happens to employment benefits, such as medical and pension benefits, life insurance, etc. That being said, there are also unique options available and considerations to make when these are military employment benefits.

This only scratches the surface of these legal processes, when state, federal, and military codes are all involved at once. While a military lawyer can help you with military-specific aspects of your divorce or separation, chances are, they will not be well-versed in state laws. If you work with a civilian lawyer who is familiar with the SSCRA and the Uniform Services Former Spouse Protection Act (USFSPA), then you can also know that you are working with someone who is an expert in a state's family laws. You can find all the expertise you need with one divorce attorney.

You need this thorough knowledge on your side when you and your spouse are creating the terms of your future through a separation or divorce agreement. At the very least, you will to consult a family law attorney to make the process easier, and to get the separation or divorce terms that you and your children deserve. You can find the experienced legal professional that you need on our directory today!