Introduction
Going through a divorce is always a difficult and stressful process, but being in the military can add another layer of complications. Military couples residing in Delaware must navigate the unique rules and regulations that apply specifically to divorce within the state. Understanding these requirements is crucial to ensuring a smooth and legally valid divorce.
Residency Requirements in Delaware
One of the initial steps in initiating a divorce in Delaware is meeting the residency requirements. To file for a divorce in this state, at least one spouse must have resided in Delaware for a minimum of six months prior to filing. However, if the military member is stationed outside of Delaware, there are alternative ways to meet the residency requirement. For instance, if the spouse of the military member has been living in Delaware for at least six months, their residency can be established.
Military Protections
It’s important to note that military members are entitled to specific protections under the Servicemembers Civil Relief Act (SCRA), which serves to safeguard active duty service members when they are called to serve their country. The SCRA offers legal benefits in various areas, such as preventing default judgments, delaying legal proceedings, and suspending the collection of outstanding debts. For example, if an active duty member is deployed overseas and a family law or divorce matter is filed, the SCRA can provide an extension for them to respond to the complaint.
Division of Military Pensions
The division of assets, including military pensions, is often a significant concern in military divorces. In Delaware, state law recognizes military pensions as marital property subject to division in divorce proceedings. The treatment of military pensions in Delaware is similar to that of civilian pensions. A court has the authority to allocate a portion or even the entirety of the military pension to the non-military spouse as part of the divorce settlement.
Child Support and Custody
Child support and custody disputes can be particularly complex in military divorces, given the potential for one parent to be regularly deployed or stationed overseas. Delaware courts consider multiple factors when determining custody and support arrangements, prioritizing the best interests of the child and acknowledging the unique challenges faced by military families. It is not uncommon for Delaware judges to develop flexible and reasonable arrangements that allow both parents to maintain a meaningful relationship with their child.
Conclusion
Experiencing a divorce is undoubtedly an emotionally taxing and challenging process, especially when one or both parties are involved in the military. To navigate such a situation effectively, it is crucial to have a comprehensive understanding of Delaware’s divorce laws and the protections offered to servicemembers through the Servicemembers Civil Relief Act. Seeking guidance from an experienced family law attorney who possesses knowledge in both Delaware divorce law and military law will prove essential for military members and their spouses seeking a divorce. With the right support and understanding of the legal landscape, individuals can make informed decisions and achieve a fair resolution in their divorce proceedings.