Divorce issues differ in every situation, and military families have many additional considerations. Military regulations require former and current service members to support an ex-spouse and children, and these regulations can be different than the amount of support calculated under state guidelines.
The family court will look at the service member’s entire income, including base pay, housing allowances, hazard duty or special assignment pay, meals, and more. Health and life insurance coverage are also highly valued benefits for a supported spouse in a divorce. These benefits are awarded or divided based on certain requirements according to military divorce law.
Due to these issues and others, a military divorce may take longer to finalize. For example, the Service Members Relief Act (SCRA) may delay family court proceedings that could negatively impact an active-duty service member’s rights. However, if there are child related issues, the family court judge may still issue a temporary order on the issues of child custody, visitation and support. This is true even if a service member obtains a postponement in family court proceedings under the Servicemembers Civil Relief Act (SCRA).
Military divorce law is complex and multifaceted. Attorney Maggie M. Ramsey understands the many issues at stake in a military divorce. Contact the Brinkley Law Firm, LLC to discuss your legal options with our Charleston family law attorneys.