What is the difference between a military divorce and a civilian divorce?
Written by piercecount
Families are made in heaven, but sometimes the circumstances around force them to be broken on earth. And it is with the help of family law legal services that such legal proceedings take place. It really depends upon the efficiency and intelligence of a legal firm that how easily and quickly it gets you rid of a relationship that cannot work anymore. This is the reason why it is said that to get great piece of mind and to obtain favorable results along your legal services, it is always better to take the help of a recognized and renowned lawyer or a legal firm. Family law legal services involve a number of aspects, like these are in the area of divorce, child custody, military divorce and child support enforcement.
For many individuals, military divorce seems to be a new term; so first let's have a look at what exactly this type of divorce refers to and how is it different from a civilian divorce. Military divorce basically refers to a case when it comes to domicile or residence requirements for filing or obtaining legal services over an active duty spouse. Besides, such type of divorces also involves fulfillment with military rules and regulations, and the division of the military pension, which is often considered as the largest asset. There are times, when for filing military divorce, question arises about the residence of the couple. At such times, one important thing to note is that most of the countries have a law to file military divorce cases for only those couples among whom at least one partner is the residence of that country for some period of time.
Once a military divorce case is filed, the next important thing to consider is the custody of a child, if any. Although, the court gives a close look at the ability and willingness of a parent to take care of the child, but to some extent, if parents are on active duty, then their TDY's, long working hours and deployments may sometimes have an impact over the case. Well, these constraints do not restrict the custody of a child from a parent, unless there is something extremely wrong or insufficient for a child's growth and development. Besides, a mere desire to live with ones kid is not enough to win a child's custody. For court, it doesn't make any difference that due to whose “fault” the divorce resulted from, but court examines the custody arrangements that are in the best interests of the child.
For example if a military serviceman is married to a civilian and he seeks custody of the child, then he at least need to have a clear plan that how in the context of such a tough military life, he will care for the child. Well, the parent who is not given the custody of the child is allowed to meet him or her every weekend, but then both the parents must have their interest in making such visits. This is the reason why the parenting plan in military divorces is especially tailor made to fit the family's circumstances.
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