While it's true that when two people are married, they make the commitment to stay together until death, life can be very unpredictable, and a lot may go wrong. In the end, it is challenging to anticipate the kinds of things that are likely to happen several years down the road. Whatever the reason, the divorce procedure was established for those who desired to end their marriage. Although divorce was very uncommon in its early years for a variety of reasons (the primary one being societal stigma), it is now more typical to come across people who are eager to go through the process. Before contacting a Virginia Beach divorce lawyer when you need to file for a Virginia military divorce, you should take some time to learn about the ramifications of such divorces.
Understanding Virginia Military Divorce
Contrary to civilian divorces, the military divorce process is complicated by a number of issues. To begin with, a person who is serving in the military on active duty is shielded from having to respond to a divorce action or any other civil litigation while they are on duty by federal laws that prevent them from becoming divorced without their knowledge. In actuality, the process can be postponed for up to 60 days following the end of active duty, or an active duty military member can choose to forego any postponement if they do in fact prefer the divorce.
Federal and state rules are generally identical when it comes to the spouse. A summons to court and a copy of the divorce complaint must be personally delivered to the spouse who is serving in the military; otherwise, the Virginia court will have no jurisdiction over the matter. The spouse may typically be served with an affidavit stating that they fully comprehend the acts made in relation to the divorce if the legal matter is uncontested.
Typically, one of the parties involved must reside in Virginia or be stationed there in order to qualify for a military divorce. The grounds for divorce are the same as they would be in a civil case. Normal property split laws apply, and the federal government additionally passed the Uniformed Services Former Spouses' Protection Act with the aim of determining who should receive how much in military retirement benefits after a divorce. However, if the wife or husband had been married for less than 10 years when the military spouse was on active duty, the military retirement funds might be exempt from this rule.
Overall, bear in mind that there are a few specifics that must be handled differently in a military divorce than in a typical civilian divorce. As divorce is a difficult psychological process to go through, it is advised that you take the time to find a Virginia military divorce lawyer to help you through the entire process unless you are very familiar with the laws surrounding this subject. After all, why make your life even more difficult by dealing with the legal aspects?
