Question By: Deciding to call it quits with your spouse may feel like the end of everything. However, divorce is just the start of the next phase of your life. If you serve in the military, there are essential aspects to consider during your divorce. You need an attorney familiar with the unique elements of divorces involving an active military member.
Residency Requirements
In order to file for divorce in Maryland, at least one spouse must have lived in the state for at least 6 months prior to filing. However, for military personnel, this requirement can be waived. If the military member is stationed in Maryland, they may be considered a resident of the state for the purpose of filing for divorce, even if they have not lived in Maryland for 6 months.
Child Custody and Support
Child custody and support can be particularly complex in military divorces. In Maryland, the courts use the best interest of the child as the standard for determining child custody arrangements. This means that the court will consider a variety of factors, including the child's relationship with each parent, the parents' ability to provide for the child's needs, and any other relevant factors.
When one or both parents are in the military, there may be additional factors to consider, such as the parent's deployment schedule and the availability of childcare. In some cases, the court may appoint a guardian ad litem to represent the child's interests and make recommendations to the court.
Division of Property
Maryland is an equitable distribution state, which means that marital property is divided fairly, but not necessarily equally, between the spouses. Marital property includes all assets and debts acquired during the marriage, regardless of who earned or incurred them.
For military members, the division of property can be particularly complex. Military pensions, for example, may be subject to division between the spouses, but the rules for dividing military pensions are different from those for dividing other types of retirement accounts. In addition, the Servicemembers Civil Relief Act (SCRA) provides certain protections for military members, including a stay of proceedings during active duty and a cap on interest rates for pre-service debt.
If you are active military and want a divorce, you must choose your attorney carefully. Fortunately, Shah & Kishore in maryland have experience working with active military individuals who have gone through the divorce process in maryland.
For more information, visit https://maryland-lawoffice.com/active-military-and-seeking-a-divorce-in-maryland/
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