While it is never ideal, divorces may be more common when there are external stressors that complicate the relationship. Distance, challenging schedules, the unpredictable nature of military life, and the emotional burden placed on service members could all contribute to the deterioration of a marriage. While these obstacles may not be surmountable in some cases, many couples opt for a military divorce due to these strains and challenges. However, a military divorce may not proceed in the same way as a civilian divorce.
Military divorces can be complex because they follow some of the same rules as a standard divorce, but may have specific protections based on the military service member’s status and availability. Knowing when a rule applies and when other federal laws for service members may impact standard state laws is one of the primary challenges of pursuing a military divorce. For military divorce in Tennessee, there may be several state requirements that must be met before pursuing a divorce.
A seasoned Tennessee military divorce attorney from King Law Offices may be able to help evaluate a divorce case. Consider scheduling a free consultation by calling the office at (888) 748-5464 for details.
Differences Between Military Divorce and Civilian Divorce
Before filing for a military divorce, it is important to consider the differences between civilian and military divorce. Knowing what to expect can help predict the potential pitfalls and challenges of navigating the process. While the details may depend on the state in question, for the most part, civilian and military divorces are quite similar. A military divorce may require several extra steps when trying to reach the military service member, as well as arranging for them to be in court.
Tennessee Legislation
As for Tennessee, divorces, military or otherwise, are often straightforward. Tennessee offers both fault-based and no-fault divorces, which means that a petition for divorce can be submitted to the court with or without any marital misconduct. This law is established by Tenn. Code Ann. § 36-4-101. However, in Tennessee, no-fault divorces must also be submitted with a marital separation agreement. This means that to file a no-fault divorce, spouses must agree on the details of the separation, including custody, child support, alimony, and property distribution. Otherwise, the divorce must be grounded in fault. Additionally, the state requires a six-month residency period to qualify for a divorce in Tennessee.
Military Divorce Challenges
While the legal process of filing for a military divorce may be similar, there are often additional challenges due to the nature of a military service member’s work. The military recognizes divorce as a civilian matter and will not represent a service member, but there are often military regulations that can complicate the process. Many service members change locations often on assignments or are restricted in who can contact them, depending on the nature of their assignment. Additionally, some matters of marital misconduct may still be recognized and prosecuted by the military, which could add another layer of legal complexity.
For more detailed information on military divorce, consider speaking with a skilled Tennessee military divorce attorney from King Law Offices.
Service of Divorce Papers
However, one of the more common issues that arises in a military divorce is the service of divorce papers. If a service member is located on a military base or is on assignment, they may be limited in the mail or other communications they can receive. This can make it difficult for the filing spouse to serve divorce papers to the service member, and could hurt the service member’s chances of receiving and responding to the service in time. Due to this complication, the Servicemembers’ Civil Relief Act (SCRA) may provide additional protections and extensions of deadlines to allow servicemembers to respond properly.
Rights as a Service Member
In addition to the rights a civilian would have in a divorce negotiation or trial, the Servicemembers’ Civil Relief Act outlines additional rights of a service member in legal situations like this. Generally, the most relevant of these rights is the right to extended windows for court proceedings. However, these extensions generally must be for reasons related to the servicemember’s military duties. The SCRA may not provide these protections if they are delayed or unavailable for reasons unrelated to their duty. Additionally, the servicemember may be protected from certain default judgments related to the failure to appear or respond to a summons.
Rights as a Divorced Military Spouse
Another key point of contention in some military divorces is the right to a servicemember’s benefits. Military spouses often inherit by relation their spouse’s military benefits, which can include a pension and other medical benefits. A former spouse who meets certain requirements may be able to retain these benefits even after a divorce from the servicemember. To retain these benefits, the spouse must not remarry and must qualify for the 20/20/20 rule. The 20/20/20 rule states that the spouse of the military service member must have been married to their spouse for 20 years, their military spouse must have served for 20 years, and the marriage must have lasted for at least 20 years of the military spouse’s creditable service. If the ex-spouse of a servicemember meets these requirements, they may be eligible to retain these benefits.
Speak With a Tennessee Military Divorce Attorney
Military divorce may come with several unforeseen complications. While a standard civilian divorce can be challenging and stressful enough, a military divorce can complicate matters further with different jurisdictions, military regulations, and coordinating court dates. Servicemembers have a sworn duty to their country, which can often interfere with and complicate the divorce process. This can make the service of divorce papers and coordinating a court date incredibly challenging. As such, it is important to be aware of both military regulations and the rights of servicemembers and the spouses of servicemembers. This legal knowledge may inform how a case is pursued.
Fortunately, service members and spouses of service members do not have to navigate these legal challenges alone. Military divorce attorneys are trained to understand these legal nuances and equipped to navigate them. Consider scheduling a consultation with a skilled Tennessee military divorce attorney from King Law Offices today to learn more about your legal options. Call the office at (888) 748-5464 for more information.
