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There Are Aids Available For Those Seeking A Military Divorce

On behalf of Tasha K. Schaffner of Schaffner Family Law posted in divorce on Thursday, June 28, 2018.

No matter the personal circumstances, a divorce is never a pleasant undertaking. If one or both of the spouses are members of the armed forces, then seeking a military divorce may seem to be more complex. Kentucky residents who are preparing to embark on the process have access to qualified professionals who can provide sound guidance.

The military generally views divorce as a matter for state governments. However, there are certain aspects that were included in federal regulations regarding how to dissolve a marriage between service members. The Service Members Civil Relief Act and the Uniformed Services Former Spouse Protection Act are both federal laws that are intended to protect either party in certain situations. The former was instituted mainly as a way to shield active duty members who may be deployed from having to attend to divorce proceedings until after their current assignment ends.

The latter was enacted to ensure that the rights of former spouses are protected during and after a dissolution from a military member. There are certain conditions that must be met for both laws, and the military has provided free access to a military legal advisor for either spouse. These professionals can provide general information and support to one or the other spouse. They cannot represent either party in a civil court nor can they resolve contested issues that require a judge.

There are other aspects of a military divorce that differ from a civil dissolution, such as where to file and the procedures for couples who may be currently residing overseas. The free military legal assistance offices can be a valuable resource for Kentucky residents who are beginning the divorce process. The majority of spouses will likely be best served by consulting with a civil attorney who is well-versed in military procedures and is experienced in ensuring that one is able to retain all of the benefits and assets to which he or she is entitled.

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