There are some similarities and differences between Michigan’s military and civilian divorce. Similar because we still have to deal with the same problems as a civilian divorce. Issues like child support, property division, parenting time, and custody are common issues. Issues have to be dealt with in both military and civilian divorce.
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Unlike civilian divorce, the court must deal with one or both parents who may not be on US territory. Custody issues will present challenges for the court. The needs of the parties must be balanced by the court. The court must look after men and women serving in the military while safeguarding the child’s best interests.
What are the divorce rates in military service?
Military couples divorce more frequently than civilian couples, according to research. The Public Use Microdata Sample and MarketWatch of the Census Bureau have divorce data on team leaders. Supervisors of first-line enlisted troops had a divorce rate of 30%.
The United States military was in three of the top ten careers with divorce rates. Individuals working in tactical operations or air weapons had significantly higher divorce rates.
In the United States military, the average age of service personnel getting divorced is 30 years old. Of those ages, 41% of service personnel went through their first marriages.
According to Census Bureau research it is driven by many factors. Among these factors are lack of funds, mental health issues, and stress.
The Journal of Population Economics has its own data on spouses in hazardous jobs. They found that service members who were deployed far from home had higher divorce rates. A couple may not be able to communicate as easily as they did. It was unlike when they first met. Working in dangerous environments can cause stress or sadness.
Data from Military.com by the Pentagon also showed divorces among female troops. In 2019 divorce among women was more than three times higher than that among male troops. While military service officers in the U.S. has a divorce rate of 1.7%, non-commissioned service members’ divorce rate was at 3.5%.
Statistics show that enlisted soldiers under the age of 30 have higher divorce rates. Navy personnel had the lowest divorce rate, at 2.8 percent. In 2019, enlisted Marines and Air Force personnel had a 3.3% breakup rate.
Who has jurisdiction over a military divorce?
To determine jurisdiction for their marriage military service personnel must show residency. This is their “intent to remain” within Michigan law. Members of the armed forces in another country should not lose their right to residency. They should keep subject matter jurisdiction in any county in Michigan. Or they keep the jurisdiction within the State of Michigan.
As part of disclosures, service members of the armed forces are required to declare their residence, according to the Department of Defense.
The intention to remain a Michigan citizen is enough. Enough to grant subject matter jurisdiction over a divorce in a Michigan court.
What differentiates your military divorce from a civilian one?
If you are in the military and getting a divorce, you ought to know about military divorce. Here are some of the things that make military divorce different from a civilian one:
Residency requirements.
One companion should either dwell in Michigan or be positioned in Michigan. You or your mate might be deployed out of Michigan. You must show your intention to keep your Michigan residency. You do this by showing the court that you have a Michigan driver’s permit or you vote in Michigan. Show you own property in Michigan, or you pay taxes in Michigan.
Filing for divorce.
A Michigan divorce case starts when one spouse files a divorce complaint in court. You serve the other spouse with a request and a duplicate of the divorce complaint. In the event that the other partner is on active military deployment, the serving of court documents might be challenging. Likewise, the military spouse has two choices. The active-duty spouse may:
[ 1 ] Sign a waiver recognizing the divorce instead of having a summons and complaint served, or
[ 2 ] Defer the divorce proceedings for a while for as long as 60 days past when the life partner is on active service.
Parenting time.
Shared parenting time might be difficult. A military spouse is often deployed out of the state of Michigan or is on active deployment out of the country. The spouses should find a way to follow parenting time and assert child custody rights.
Child support and spousal support.
The estimation of child and spousal support in the military includes housing allowances. It also covers pay enhancements, changes in the cost of living, and special pay.
Retirement benefits.
An individual who serves in the military for something like 20 years is by and large qualified for military retirement pay. The national government will possibly partition military retired pay if the couple was married for no less than 10 of the 20 years. A Michigan court might require a military spouse to pay a piece of military retired pay to the next spouse. It may be granted regardless of whether they were married under 10 years.
How will custody work in a military divorce?
Before September 2015, a parent in the military can lose custody. A military parent in a custody dispute could lose custody of their child while on active duty for good. The deployment of the military parent was accepted as evidence. It was proof of their absence from the child’s life. It was upheld by the legal system. As a result, this made it possible for a parent who wasn’t in the military to keep the child forever. After serving their country for some time the military parent has to go through the ordeal again. A parent in the military would have to appear in court again to argue for custody.
The state of Michigan recognized the difficulties faced by military parents. The legislature of Michigan enacted two additional amendments to the Child Custody Act.
The new law mandates that non-military parents are no longer allowed to file motions for change of custody. It will not be allowed while the military parent is deployed. The court cannot make a new order. They could not change an existing one on the child’s long-term custody. A court may issue a custody order that is only valid for that period of time.
Within thirty days of their return from deployment, military parents are required to notify the court. After that, the military parent will be granted custody of the child by the court. It will be in the same manner as before the deployment. In fact, custody will not change during either deployment.
The Michigan Guide for Military Family Law, published by the Michigan Department of Attorney General and the Thomas M. Cooley Law School Center for Ethics, Service, and Professionalism, states that Michigan is subject to the Servicemember Civil Relief Act. One parent requests a change in custody while the other is serving in the military. The deployed parent may get a stay from the court. This is a provision in the SCRA most helpful to a military parent on deployment.
A new court order issued during the parent’s deployment cannot alter the custody arrangement. Not the arrangement that was in place on the day the military called the parent to deploy.
The courts may grant interim custody. The parent who stays must show through clear and convincing evidence, that doing so is in the child’s best interests. The MCAA also suggests a complimenting provision. The custody order in place before the parent’s active service assignment must be reinstated by the courts. Both the MCAA and the SCRA aim to prevent military parents from being disadvantaged by their service to the United States.
The welfare of your child is important to the judicial system. More so if you are currently serving in the military. If you are often deployed out of state or abroad, it may be more challenging. The courts will do everything in their power to settle on a plan that strengthens your bond with the child.
Members of the military in a custody dispute might find it helpful to collaborate. You might need to with the other parent to create a Family Care Plan. Both parties need to be willing to let go of their egos. Concentrate on the child, and a healthy compromise is even possible.
Find or make the best and safe living arrangement for your child. Make these plans before you are away from home or on an active overseas assignment. Whether you get primary or joint custody, or “If you moved to a new deployment, what would happen to the child’s living arrangements?” The court will help you navigate the legal framework to come up with the best arrangements for the children.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.