How Does a Military Divorce Work? – Michigan Law
The divorce lifecycle for armed forces members is the same as for civilians. The process for a military divorce is the same. A complaint must be filed, summonses must be served, and the other parties must respond. There are variations. So how does a military divorce work?
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Residency is handled differently in military divorces. Even on foreign land, a military spouse can lodge a divorce complaint in a county designated as a residence. Every military member must declare their residence. A divorce can be filed in a Michigan county that has been designated as the party’s place of residence. This holds true even if the military spouse had previously resided abroad. Pensions and other benefits are discussed in the property division in military divorce. Housing benefits are taken into account when calculating child support. These issues are not frequently addressed in a legal divorce.
Military and Civilian Divorce. What���s different?
Military service members must prove residency. They need to do this to establish jurisdiction for their marriage. According to Michigan law, this is their “intent to remain.” There is no loss of residency rights for military personnel deployed on foreign soil.�� Michigan county can keep subject matter authority over a military divorce. Courts can preserve jurisdiction only within Michigan. The Department of Defense expects armed forces personnel to disclose their residence. The intention to keep one’s Michigan citizenship is sufficient. It is enough to give Michigan courts subject matter jurisdiction.
Here are some characteristics of a military divorce that set it apart from a civilian one:
Requirements for residency.
One of the spouses must either live in Michigan or be located there. One of the spouses might have to leave Michigan for duty. To maintain your Michigan residency, you must prove your intent to stay. You can do this by having a Michigan driver’s license or casting a ballot in Michigan. Prove that you pay taxes in Michigan or that you own property in the state.
Filing the divorce complaint.
A divorce case in Michigan begins when one spouse submits a divorce complaint to the court. A request and a copy of the divorce complaint are delivered to the opposing spouse. The serving of court paperwork may be difficult if one of the partners is serving in the military. The spouse of a service member also has two options. The spouse who is serving in the military could:
[ 1 ]�� Instead of having a summons and complaint served, you can sign a waiver recognizing the divorce, or
[ 2 ]�� Delay the divorce process for up to 60 days when the spouse is actively serving in the military.
Visitation or parenting time.
Parenting together could be challenging. A military spouse often leaves the state of Michigan or is actively deployed abroad. The partners should work out a plan to adhere to parenting time and demand their parental rights.
Spousal and child support.
Housing allowances are part of estimating child and spousal support in the military. Military benefits include pay raises, changes in the cost of living, and bonus pay.
Retirement benefits.��
Most people are eligible for military retirement pay after serving in the military for around 20 years. If the couple was married for at least 10 of the 20 years, the national government might divide the retired military personnel’s income. A military spouse could be ordered by a Michigan court to split their military retirement salary with the surviving spouse. This split can be granted regardless of whether they were married for fewer than ten years.
A spouse serving in the military may lose custody before September 2015. A military parent involved in a custody battle may lose custody of their child for good. All that while they are on active duty. The military parent’s deployment was acknowledged as proof. It was evident that they were not present in the child’s existence. The judicial system defended it. This enabled a parent who was not in the service to keep the child permanently. The military parent has to endure the ordeal once more after serving their nation for a while. To fight for custody, a parent in the armed forces would need to return to court.
How does residency affect military divorce?
A couple must have at least one partner who resides in the state. It is the place where they want to file for divorce. Military personnel regularly travel and are constantly on offshore deployment. Military parents may not be aware of where they should really file their divorce. Military personnel may even be unsure of the proper tax filing location. They can choose between their state of residence. They can choose the state where they are currently stationed.
Before filing for divorce, you or your partner must have resided in Michigan for at least 180 days. or stay in a Michigan county for a minimum of ten days. You may also file for divorce there if your spouse is still a resident. There are several options accessible. The best state to apply for divorce depends on its legal requirements. Pick the one that will produce the results you want. If you want to skip a state’s “cooling off” period before a divorce can be finalized, for instance.
Responding to a divorce petition may be challenging. It can be impossible sometimes for a defendant-spouse in a divorce. Within a reasonable timeframe, reply to the divorce complaint. This is true if you are stationed far outside of your state or are deployed abroad. A partner in the armed forces may ask for a divorce to be stayed (or stopped). As long as military parents are deployed, they can petition for a stay. No matter if they are stationed across the nation or on the other side of the globe. Almost always, the divorce court will grant it.
During the stay, the divorce procedure is halted or put on hold. After the military partner who has deployed returns home, the stay is for 60 days. While a spouse is actively engaged in the armed services, no default judgments may be granted. It is possible to make temporary judgments about things. Courts can grant temporary judgments to cases like child custody or child support.
The state of Michigan recognized the challenging experience of military parents. The Michigan legislature amended the Child Custody Act twice to help military parents.
Non-military parents can no longer request a change of custody under the new law. While the military parent is away on deployment, it will not be permitted. No further orders may be issued by the court. On the child’s long-term custody, they can no longer alter a previous order. The court may give a custody order, but it would only be effective during that time.
Military parents must inform the court of their return from deployment. Parents must do this within 30 days after their return from deployment. Following that, the court will assign custody of the child to the military parent. Everything will proceed as it did before the deployment. The parents keep the status quo of custody during any deployment
The Servicemember Civil Relief Act is applicable in Michigan. This is found in the Michigan Guide for Military Family Law. The guide was created by the Center for Ethics, Service, and Professionalism at Thomas M. Cooley Law School. The Michigan Department of Attorney General also contributed to its creation.
While the other is in the service, one parent asks for a modification of custody. A judicial stay might be granted to the deployed parent. A military parent deployed will find this SCRA provision to be very useful. The custody arrangement cannot be modified by a new court order. It cannot be modified while the military parent is deployed. Not the arrangement that was in place when the parent’s deployment was ordered.
Interim custody may be granted by the courts. The parent who chooses to remain must show that doing so is in the child’s best interests. They must do so using convincing and clear evidence. The MCAA also recommends a supplementary clause. The courts must reinstate the custody arrangement. It must restore the arrangement in effect before the parent’s active duty assignment. The MCAA and the SCRA both seek to avoid military parents from suffering. The military parent must not be at a disadvantage as a result of their commitment to the US.��
How does military divorce deal with property division?
Before a divorce in Michigan can be finalized, some issues need to be settled. You have dividing assets. It is frequently one of the toughest of these. Long-term partners typically have a varied asset portfolio. It includes the equity in a house they own together. It includes savings accounts and retirement accounts. If you are in the service military retirement benefits are on the table for distribution. It can be split if one or both spouses served in the US military.��
The marital estate must be split “fairly” under Michigan divorce law. It is done fairly regardless of the size or composition of your marital asset portfolio. Sharing equally means that each partner receives roughly half of everything. Spouses can consent to other arrangements. They can opt to have one partner getting more assets but also more debt.��
Military personnel and their spouses who file for divorce often encounter difficulties. They can face problems that other divorcing couples may not experience. Determining how military retirement benefits are split between spouses can be a problem. Divorcing military spouses may need to address them. A person who enlists in the military is eligible for many benefits. These benefits include retirement benefits after their time in the service is completed. Retirement benefits can be generous. They also have free or reduced healthcare, housing, and many military facilities. You should be aware of how they are managed if you and your partner divorce. Those benefits could turn into valuable assets in the context of property division.
Other regulations may have an impact on the eligibility of non-military spouses. Especially those for a share of retirement benefits. The couple stayed together for a 10-year marriage. The military partner must have worked for at least 10 years. Worked 10 years outside of their total retirement eligibility. This is to be eligible for direct payments from their retirement pay. The so-called “10/10 requirement” refers to this. This requirement cannot be freely disregarded by military spouses. The non-military spouse may still be granted a piece of the military retirement pay. The non-military spouse can if the couple was married for less than 10 years.��
A person can only get money from the Department of Finance and Accounting (DFAS) directly. It is provided for under the Uniformed Services Former Spouses’ Protection Act (USFSPA). They must satisfy the criteria of the “10/10 rule.” According to this regulation, the couple must have been together for at least 10 years. The service member must have rendered 10 years of active duty during that time. You have to be married for 10 years to get payment straight from DFAS. Or the serving spouse has served for 10 years.
The partner can be eligible for a portion of their spouse’s military retirement pay. The USFSPA establishes the 10/10 rule. It permits each state to implement its own regulations. This includes military retiree benefits in the property division procedure. It may not always turn out as a 50/50 split. Michigan courts can share marital property in an equitable manner. A person can be granted a portion of their spouse’s military benefits as part of a divorce settlement. They can be eligible to receive up to 50% of the overall retirement payout.��
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