Marriages can have a multitude of reasons for coming to an end, and these reasons remain unchanged even if one of the spouses is serving in the military. If you find yourself in this predicament, you may be wondering if you can proceed with filing for divorce while your spouse is stationed in Kansas. The answer is yes, but there are several crucial factors that must be considered before you initiate the divorce process.
Residency Requirements
The first aspect to take into account before filing for divorce in Kansas is the residency requirements. While Kansas offers diverse paths for filing divorce, it is imperative to adhere to the residency criteria in every scenario. Specifically, one of the spouses must have maintained a 60-day residency in the state before commencing the divorce proceedings. It is important to note that if the military spouse is a Kansas resident, they are not required to fulfill the residency criteria as they are still considered to have their domicile in Kansas, even if they are stationed elsewhere.
Service Members’ Civil Relief Act (SCRA)
Another critical element to consider is the Service Members’ Civil Relief Act (SCRA). This act is designed to safeguard servicemembers (SMs) who are serving on active duty from certain civil proceedings, including divorce. However, it is essential to understand that this does not make SMs impervious to being served with a divorce complaint. Instead, the SCRA grants them time to respond to the divorce suit or seek legal assistance before any active proceedings take place. Essentially, the law mandates that divorce proceedings against a service member on active duty be deferred for as long as possible to ensure that they have the ability to defend themselves and actively participate in the proceedings.
Military Pensions
Divorces involving military spouses introduce additional crucial considerations, such as pensions and benefits that military members and their spouses are entitled to under federal law. It is worth noting that the pensions of active-duty military members, including partially earned pensions, may not be considered marital assets and thus may not be subject to division through a court order. It is imperative to seek advice from an attorney to determine the best course of action regarding property division, child support, retirement benefits, and other necessary analyses in these divorce cases involving military members.
Conclusion
In conclusion, it is possible to file for divorce if your spouse is in the military and stationed in Kansas. However, it is vital to abide by all residency requirements and consider the implications of the Service Members’ Civil Relief Act before moving forward. Given the complexity of divorces involving military members, it is strongly advised that you consult a family law attorney for proper counsel, guidance, and advice. With the support of an experienced attorney, the divorce process can be more manageable and lead to a more favorable outcome.