Introduction
Going through a divorce is an emotionally trying experience that can become even more intricate if one spouse is serving in the military and stationed outside of Connecticut. In Connecticut, military divorces have slightly different laws and procedures compared to civilian divorces. It is crucial for both the military member and the civilian spouse to be aware of their rights and options in order to navigate this challenging situation successfully.
Jurisdiction in Connecticut
To file for divorce in Connecticut, either you or your spouse must have been a resident of the state for at least 12 months prior to filing. However, there are exceptions to this residency rule for military members. If your spouse is in the military and stationed in Connecticut, they may be considered a resident of the state for divorce purposes, even if they have not lived there for 12 months. This exception exists because military personnel are often stationed in different states on a temporary basis.
Jurisdiction for Military Members
If your military spouse is stationed outside of Connecticut, there may still be options to file for divorce in the state. The Servicemembers Civil Relief Act (SCRA) grants specific rights and protections to military members, including the ability to maintain residency in one state despite being stationed elsewhere.
Under the SCRA, a military member can only be sued for divorce in the state where they are a legal resident. However, they can choose to waive this protection and allow the divorce proceedings to take place in the state where their spouse resides. If the military member does not waive their rights under the SCRA, the civilian spouse may still be able to file for divorce in Connecticut as long as they meet the residency requirements.
The Uniformed Services Former Spouses’ Protection Act
The Uniformed Services Former Spouses’ Protection Act (USFSPA) is a federal law that deals with the division of military pensions and other benefits in divorce cases. According to this law, state courts are authorized to divide military retirement pay and other benefits as marital property.
In Connecticut, military pensions and other benefits are subjected to the same division rules as other marital property. This means that they will be divided equitably, taking into consideration factors such as the length of the marriage and the contributions of each spouse.
Child Custody and Support
When it comes to child custody and support in military divorces, Connecticut follows the same laws and procedures as in civilian divorces. However, there are some distinct considerations when one parent is in the military, such as deployments and frequent relocations.
It is crucial to work with a knowledgeable divorce attorney who understands the complexities of military divorce cases. Your attorney can guide you through the legal system and protect your rights and interests, regardless of whether you are the military member or the civilian spouse.
Conclusion
Divorce is never a simple matter, and it becomes even more challenging when one spouse is in the military and stationed outside of Connecticut. However, armed with accurate information and the right legal representation, you can successfully navigate the divorce process and move forward with your life. If you are facing a military divorce in Connecticut, it is advised to consult with an experienced attorney who understands the special laws and procedures that apply to your situation.