Getting divorced is a difficult and emotional process, and trying to manage a divorce while you are in the military and overseas is only that much more difficult. With a number of localized state-mandated regulations and laws, being abroad on service during a divorce is difficult because each region has its own precedent for divorce. However, there are some situations where you or your spouse can’t wait until you’re home-side. In those instances, having an experienced Blooming attorney can help.
With states owning their own terms and procedures, there are some hoops you will have to jump through to just get the basic first steps of divorce started. As a serviceperson, there are no easy answers when facing a divorce from afar. However, there are several important things to remember to help mitigate frustrations during the process. If you are abroad for military service and are considering a divorce or have been served papers for one, it’s crucial to have an experienced attorney guide you through every step of the process. Contact Bloomington’s Stange Law Firm today to get the answers you need.
Where Should I File for Divorce?
No matter where you are internationally, the location and state you file your divorce should be where you and your spouse currently share or previously shared a residence, as well as where you are raising your children. The court in that state will have proper jurisdiction to grant a divorce. If you are overseas and ready to file, call our office to discuss your next steps. If your spouse has filed and you are overseas, then you’ll need the help of a stateside attorney in your area. Regardless of who files, ensuring your best interests are protected should be a priority.
How Does the Divorce Process Work for Military Families?
While divorce generally works the same as it does for non-military couples, there are certain aspects of military life that can add to the complexity of a divorce. Aside from having to file internationally and communicate across different time zones, the divorce process for military members abroad is fairly like an average civilian divorce. Some states will require an initial amount of time of separation before granting a divorce filing, though typically, this can be granted by most states right away.
One of the most important and difficult steps will be dividing assets between the two parties involved in the divorce. Assets are more complex in military divorces, and division isn’t always as clear. This division can be negotiated between the parties, in negotiations with legal representation, or in court for less civil or congenial cases. When children and custody is an issue, then determining the next steps for the family can be difficult. However, we can help ensure your visitation and custody rights are protected when you come home.
If both parties are abroad during the filing, there are several military-specific requirements and regulations when it comes to divorce. In the example of a required separation if abroad, finding two separate houses can be more difficult to enforce based on Status-of-Force Agreements (SOFAs). SOFA regulations also dictate that the dependent spouse can’t just return to the states either if separation is required.
If children are involved, the act of bringing them back to the United States without permission from the other parent could potentially be labeled as an international child abduction, which is made even more frustrating because legal authority over the child could be dependent on the state of birth, which does not apply overseas.
Is There a Way to File for Divorce in an OCONUS Country While in the Military?
There are options to divorce in a country that is outside of the continental United States (OCONUS), and this can be considerably more attainable if both parties involved in the divorce are abroad. This option can present a host of other issues, though. Divorcing in another country means there is an entirely different system of rules, all explained in a language that the couple might not be fluent in or even understand.
There are attorneys who specialize in assisting military families in this exact situation. If you seek to pursue divorce OCONUS, the additional legal guidance will be incredibly helpful in learning and understanding legal precedents in the country in which the divorce is taking place.
FAQs
Q: Is It Possible to Get a Divorce Through a Legal Assistance Office If I Am Overseas?
A: Unfortunately, this is not permitted, as you will still have to go through the divorce court process. To do this, you will also want to hire a private attorney. While it’s not legally necessary, it’s important to have a professional on the ground working for your needs, especially if it’s from abroad.
Q: What Are Some of the Legal Grounds I Can Request a Divorce From My Spouse?
A: There are several grounds for divorce when filing to split from your partner. You might file for divorce if your partner has been unfaithful or committed adultery, if your partner is convicted and facing imprisonment, or if your spouse is abusive and endangers your life. Other examples include impotence, alcoholism or addiction, or willful desertion.
Q: What Number of Americans Get Divorced Annually?
A: If you are going through a divorce, you shouldn’t feel alone. Nearly 2,500,000 couples dissolve their marriage in the United States each year. That total percentage incorporates up to about 50% of all married couples.
Q: At What Age Do Most Americans Get Divorced?
A: Recent data states that the majority of people getting divorced in the U.S. are between 57 and 64 years of age on average. This age group also contains approximately 47% of American divorces. The second most common divorce age group is individuals from 20-30, who make up about 37% of this list.
Learn More About Military Divorces Today
If you are serving in the military overseas and are looking to get divorced, you don’t want to start the process without the help of an expert divorce attorney who can help you navigate your particular situation. Bloomington family law attorneys from Stange Law Firm are standing by to help you file for divorce wherever you are. Contact us today to schedule a consultation.
