Introduction
Divorce can be a complicated and emotional process for anyone, but when one or both spouses are in the military, there are unique challenges to consider. Military families face additional legal and logistical hurdles when going through a divorce, particularly with regard to issues such as property division, child custody, and support. In this article, we will explore Connecticut divorce laws as they pertain to military spouses.
Residency Requirements
Connecticut’s residency requirements for divorce are straightforward. At least one spouse must have lived in Connecticut for a minimum of 12 months prior to filing for divorce. However, military personnel can still meet this requirement even if they have been stationed outside the state for an extended period. Under Connecticut law, service members may count the time they lived in Connecticut before leaving for military duty, as well as any time they spent stationed in Connecticut, toward the residency requirement.
Property Division
In Connecticut, marital property is divided equitably in a divorce. This means that each spouse must receive a fair share of the assets acquired during the marriage. Nonetheless, the division of military benefits for a spouse who served in the military can be complicated. Military pensions and retirement benefits, as well as other military assets, may be subject to specific federal laws that can affect how they are divided in a divorce.
One of the most important laws to consider is the Uniformed Services Former Spouses’ Protection Act (USFSPA), which establishes the rules governing the division of military retirement pay in a divorce. Under the USFSPA, state courts may distribute military retired pay as marital property in a divorce. However, the law also sets certain limitations on how much a former spouse can receive and how the distribution is calculated.
Child Custody and Support
If children are involved in the divorce, Connecticut courts will determine custody based on the best interests of the child. Connecticut favors joint custody, which means that both parents share in the responsibility of raising the child. If one parent is in the military, custody arrangements may be more complicated. For example, if a military parent is deployed overseas, the other parent may need to temporarily assume full custody. In such cases, Connecticut courts may grant a temporary modification of the custody order until the deployed parent returns.
Child support calculations in Connecticut are also determined based on the best interests of the child. As with regular child-support payments, military members are required to pay support for their children based on their income. However, the specifics of how child support is calculated for military personnel will depend on their service status, pay grade, and other factors.
Conclusion
Divorcing as a military member or military spouse can have specific challenges and unique obstacles. Connecticut has clear guidelines and laws in place to help guide military couples or individuals through the divorce process. However, military spouses going through a divorce should ensure they have an experienced attorney who understands both Connecticut’s laws and the federal laws that can affect the division of military benefits. By having a knowledgeable and experienced legal team behind them, military spouses can navigate the divorce process with greater ease and confidence.