Why military divorces can get complicated

On behalf of South Tampa Law Group posted in military divorce on Thursday, April 7, 2016.

When military service members in Florida go through a divorce, they face a few extra complications that divorcing civilians don’t have to deal with. The military has its own laws that sometimes cause problems when they intersect with state laws. There is also a culture of old-fashioned family values in the military that sometimes results in divorces being kept hush-hush.

One of the military laws that can complicate a divorce is the military’s prohibition on adultery. Service members who are legally separated from their spouses would be breaking military law if they started dating someone new. In states that require married couples to live apart for one year before filing divorce paperwork, military service members must remain celibate for the year of separation.

Some say that the military attracts people with strong personalities, and there may be officers with strong opinions about marriage and divorce. In some cases, military service members have been denied staff positions by religious commanders who found out that their marriages had ended. Another military factor that can be uncomfortable for a divorcing service member is the practice of airing out personal issues for safety reasons. Some units hold councils to discuss ‘human factors” such as a service member’s divorce.

When a military service member is going through a divorce, an attorney can often help to navigate the state and military laws that affect the situation. A military divorce may involve the division of assets and a child custody decision. An attorney can also advise the ex-spouse of a military service member with respect to qualification for military benefits after the divorce.