No one expects to go through a divorce when you get married. But “till death do us part” is not for every couple.
If you are in the process of filing for divorce or considering one, you should know how to go through a divorce as smoothly as possible. A military divorce may complicate things further.
Keep reading for our tips on how to remain amicable and go through a divorce as smoothly as possible.
How to Go Through a Divorce as Smoothly as Possible
Many different aspects of your life may complicate your divorce. If you and your partner have mutual friends, children, or pets, separation may seem impossible.
The best way to approach all of these situations is communication.
Communicating with your spouse to understand their desires helps to make sure both of you are on the same page. You should never use divorce as a way to make your partner feel guilty or bad. Make sure this is the best option for your relationship.
Detangling Your Life
Depending on how long you have been in your relationship, your life may be connected to your spouse’s. If you share a house, car, or depend on each other for financial support, you should make a plan to divide up your belongings and such.
A lawyer or attorney can help you with this process. Creating a contract can help to create boundaries and make sure you have what you need. Military divorce procedures differ from typical divorces.
As a service member, you may be entitled to special protections. The Servicemembers Civil Relief Act (SCRA) and Uniformed Services Employment and Reemployment Rights Act (USERRA) give active military members certain allowances, such as postponement of a trial if serving on active duty.
While you can receive military legal advice, the actual divorce process will most likely happen in civilian court.
20/20/20 Rule
Overall, the benefits you or your spouse may receive in a military divorce are dependent on many factors. Military spouses may receive benefits under the “20/20/20 rule.” Your marriage must adhere to these requirements:
- Married for at least 20 years
- Serving for at least 20 years
- Marriage must have coincided with military service for at least 20 years
Remarriage will terminate these benefits.
Divorce With a Child or Children
Divorce has a profound impact on children emotionally. To ease the discomfort for your children, you should let them know what is happening but do not fight around them.
As for a military divorce, regardless of how long you or your partner served in the military, your children may receive benefits until the age of 21.
Visitation or custody rights may lean in favor of non-military or inactive personnel.
The rules for tax deductions that come along with alimony or child support payments should be reviewed with a legal professional.
Ensure Your Military Divorce Is Quick and Painless
Legal representation and communication are some of the most important parts of filing for divorce.
We hope this article has helped you form your decision and answered your questions as to not just how to go through a divorce, but how to go through a divorce as smoothly as possible.
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