While there are definitely many ways in which military divorce and civilian divorce differ, there are also many ways in which they are similar. Issues of asset division and child support are still determined in the divorce proceedings, but there are usually even more issues at play in military divorces. On top of questions about jurisdiction and residency, the military member’s ability to spend time with the child will affect the custody arrangement, and any military pensions or benefits will need to be divided.
You can find in-depth information about how these issues are treated in a military divorce in this article. Depending on the state, a military pension may be treated as community property or not, which will affect how the pay is divided. Of course, because you may be stationed in one state and reside in another, you will likely want to research the differences of each state or speak with an attorney who is familiar with the laws of your state. For example, if you are stationed in Missouri but you hold residence in Texas, you should compare the differences between each state.
Because military members are often stationed away from home or deployed overseas, it can be difficult for them to make a strong case for child custody. Still, this does not mean that you should not fight for custody of your child. Courts tend to make custody decisions that are in the best interests of the child. An experienced attorney can help you prove that you deserve to be involved in your child’s life.
Because of all these issues, it is highly recommended that military members consult with an attorney when contemplating divorce. There are many issues that you may not even realize you must consider, and experienced legal counsel can help you navigate them.