In this article, you can discover:
- Differences between military and civilian divorce proceedings.
- Special considerations for military members served with divorce.
- Advice on finding the right lawyer for a military divorce.
Military divorce is a bit different from civilian divorce – the same Maryland state laws apply, but there is also a federal layer you must be aware of. Usually, service is not a problem, but occasionally, if someone wants to get a divorce or have a custody case with a military member who is on active duty, they have to notify the court that the person is on active duty.
In a typical divorce hearing, when you cannot find or serve the opposing party in a case the court may allow you to serve them by alternative means. This could include posting a notice at the courthouse or publishing something in the newspaper. If the person does not answer, you may be able to proceed by default.
In a default hearing, the defendant has chosen not to participate. This essentially means that you will be able to get whatever you want since there is no one to argue against you. However, you will still need to give evidence and testimony to support your case.
Of course, if you are married to a service member who is on active duty, you may have difficulty getting them served with divorce papers. However, if they are served and do not file an answer to your complaint, you will not be allowed to proceed by default. This is because we need our military members to be focused on their duty, and sometimes, they cannot deal with civil litigation.
If you are a military member and have been served with divorce papers, you may be wondering what to do next. One option is to ask the court to appoint an attorney for you. This attorney can then take the next step of either having you file an answer if you are able to do so or asking the court to stay the case until you are available.
What If I Am In The Military And Facing Divorce?
If you are going through a divorce in the military or while married to someone in the military, there are special considerations that need to be taken into account. Keep these things in mind as you navigate the process of getting divorced when you or your spouse is in the military.
For example, if the military member is on active duty or deployed overseas, one cannot simply get a divorce or child custody determination without them present.
The other way that military service can come into play in divorce proceedings is with retirement accounts, where federal law comes into effect. Similar to a 401(k), these retirement accounts are a form of savings that can be used later in life. In most cases, military retirement pay or pension is also marital property, meaning it can be divided between spouses if needed.
There are unique attorneys who specialize in drafting military retirement orders because the process can be complicated with all of the various state and federal laws. Usually, we refer these particular matters to a specialist attorney to ensure that every detail is included and the person receiving the money gets the correct amount.
Additionally, military members may face some unique challenges as it pertains to their benefits as a result of divorce. For example, military spouses are often entitled to different benefits than civilian spouses, such as health insurance. In some cases, a military spouse may be able to keep their health insurance through the military even after the divorce.
If you or your spouse are in the military and going through a divorce, you should consider contacting a military divorce attorney as soon as possible.
With the guidance of a skilled attorney for Military Divorce Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy.
For more information on Military Divorce Cases in Maryland, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (443) 300-2335 today.