The Challenges Facing Military Members During Divorce
In addition to the issues that civilians must deal with in separation, dissolution or divorce proceedings, military service members will encounter other unique issues. They might have to contend with jurisdictional differences between states or even other counties. On top of that, they face challenging custody arrangements and issues concerning the equitable distribution of assets.
Because of their unique circumstances, military service members are encouraged to obtain the services of a family law attorney when considering divorce or dissolution. I’m Dain N. DeVeny Attorney at Law and I understand the challenges servers members face when dealing with the break up of their marriage.
The Issues Of Jurisdiction
Though every state allows military couples to divorce, each state handles divorce proceedings a little differently. Here in Ohio, at least one spouse needs to have established residency in the state for at least six months prior to petition for divorce.
But if you’ve moved from base to base a lot, it can be difficult to determine where your domicile is, let alone what jurisdiction you need to file paperwork in. I can help you figure that out.
Child Custody And Support Disputes
Military service can also cause considerable issues with child custody determinations and support orders. A spouse fighting for primary custody may try to use their spouse’s military service as reason for denying custody and visitation, or asking for more child support.
Under the Ohio Revised Code, the parental rights of military servicemen and women are protected. There is even a provision that prohibits any court from using military service or deployments as justification for the modification of an existing custody or support order.
Dividing assets and liabilities equitably can become a sticking point for divorcing military couples when retirement benefits, military pensions and military benefits are called into question.
Family law judges must carefully consider when military service began in relation to the length of marriage when determining the civilian spouse’s portion of these assets. When unvested military retirement benefits become an issue, judges must also consider case law as well as Ohio law, which can greatly complicate situations.
Contact Me For Help With Your Divorce
Contact me, attorney Dain DeVeny. I represent military members and their families across the Dayton area, throughout Montgomery County, and surrounding areas in Ohio. To schedule an appointment, contact my Dayton office online or by calling 937-802-2504.