Marital issues can arise at any point in any relationship, and sometimes divorce becomes the only viable solution for couples. However, if one or both spouses are serving in the military, the divorce process can be more complicated. If you are considering ending your marriage and your spouse is in the army, it is crucial to understand the legal implications and procedures that apply to military divorce cases in Kentucky.
Understanding Military Divorce in Kentucky
Military divorce refers to the legal process of dissolving a marriage where at least one spouse is an active-duty service member, a reservist, or a retiree. In Kentucky, the legal requirements and procedures for a military divorce do not differ from those for civilian divorce cases. Consequently, the initial steps, such as filing a petition for the dissolution of marriage and the waiting period, remain the same.
However, military divorces tend to be more complex and may take longer than civilian divorces due to factors such as frequent deployments, PCS (Permanent Change of Station) moves, and the need to comply with federal and state laws. Despite this complexity, spouses in military divorce cases in Kentucky have the same rights and obligations as those in civilian divorce actions.
Residency Requirements
To file for divorce in Kentucky, either spouse must have been a resident of the state for at least 180 days. For military members or spouses who have been stationed outside Kentucky, there are two options to meet the residency requirement. Firstly, the spouse may establish residency by physically living in Kentucky for 180 days before filing for divorce. Secondly, if the military member is stationed in Kentucky, then Kentucky is considered their legal residence, and they meet the residency requirement.
Legal Protections for Active-Duty Members
The Servicemembers Civil Relief Act (SCRA) safeguards active-duty service members from civil lawsuits, including divorce. This law permits service members to postpone divorce proceedings for up to 90 days if they can demonstrate that their military service affects their ability to actively participate in the divorce process. In such cases, the service member may request a stay or postponement of the proceedings, including hearings and other aspects of the legal process, until their military service ends or they are better able to participate.
Property Division and Military Benefits
Division of assets and liabilities is a significant consideration in any divorce, including military divorces. In Kentucky, all marital property is subject to equitable distribution among the spouses, which includes pensions, retirement benefits, and other military benefits. However, division of military pensions and benefits is subject to federal law, and the Uniformed Services Former Spouses’ Protection Act (USFSPA) governs how these benefits are divided.
Child Custody and Support
Child custody and support are essential issues in a military divorce as well. In Kentucky, like other states, the court will consider the best interests of the child when determining custody and visitation arrangements. Moreover, the court may award child support to the custodial parent, calculated based on the parents’ income, child-related expenses, and specific needs of the child.
Conclusion
Divorce is often a challenging and emotional process, particularly for military families. Nonetheless, if it is the only solution, it is crucial to comprehend the legal procedures and rights involved. Military divorce cases in Kentucky are subject to state and federal laws, and various issues such as property division, child custody, and support require careful consideration. Consequently, it is advisable to collaborate with an experienced family law attorney who understands military divorce law to protect your rights, interests, and future.