Going through a divorce can be a difficult and stressful process, especially when one spouse is serving in the military and is deployed away from home. If you are considering filing for divorce while your spouse is deployed in Kansas, there are certain factors you need to take into consideration.
Residency Requirements in Kansas
In order to file for divorce in Kansas, either you or your spouse must be a resident of the state for at least 60 days prior to filing. This means that if your spouse is currently deployed in Kansas, and you are not a resident of the state, you may not be able to file for divorce until you establish residency or meet the other legal requirements.
Challenges of Divorce While Deployed
Divorce can be a complex process, and filing for divorce while your spouse is deployed adds an additional layer of difficulty. Your spouse may be difficult to reach and may not be able to participate in the divorce proceedings until they return home. This can make it more challenging to negotiate the terms of the divorce, particularly if there are disputes over property division, child custody, or support.
It’s important to note that the unique circumstances of a military deployment can impact the timeline and logistics of the divorce process. The unpredictability of deployment schedules and limited communication options can make it harder to coordinate with your spouse and reach resolutions on various matters.
Military Protections
The military provides certain protections for service members who are facing divorce while deployed. The Servicemembers Civil Relief Act (SCRA) provides legal safeguards for military members who are facing civil lawsuits, including divorce. This act allows service members to postpone legal proceedings if they are unable to participate due to their military obligations.
Additionally, the Uniformed Services Former Spouses Protection Act (USFSPA) sets forth rules regarding the division of military retirement pay and benefits in the event of a divorce. This act ensures that a portion of a service member’s retirement pay is set aside for their former spouse in the event of a divorce.
While these protections exist, navigating the legal system and understanding the specific provisions can be challenging. This is where the guidance of an experienced divorce attorney becomes crucial.
Working with an Attorney
When filing for divorce while your spouse is deployed in Kansas, it is important to work with an experienced divorce attorney who has knowledge of the legal requirements and potential challenges you may face. An attorney can help you navigate the legal system and negotiate a divorce settlement that is fair and equitable.
Your attorney can communicate with your spouse’s legal representative and explore options for alternative dispute resolution methods like mediation, to facilitate the divorce process even when physical presence is not possible. They can also assist you in gathering the necessary documentation, such as military-specific paperwork, to ensure all legal requirements are met.
Conclusion
Filing for divorce while your spouse is deployed in Kansas can be a challenging process, but it is possible with the help of an experienced attorney. If you are considering divorce, it is important to consult with a legal professional who can guide you through the legal process and protect your rights and interests. Keep in mind the legal requirements and protections available to military service members, and work closely with an attorney to ensure that your divorce settlement is fair and equitable. With the right support, you can navigate through the complexities of divorce while your spouse is deployed and achieve a resolution that respects your needs and priorities.