Divorce can be an incredibly intricate and emotionally draining process, especially under ideal conditions. However, things can get even more complex when one spouse is serving in the Coast Guard. As a member of the military, there are unique considerations that must be taken into account when seeking a divorce. In the state of Kentucky, although the fundamental aspects of a divorce case remain the same, certain factors relating to the military and their responsibilities need to be considered.
Understanding the Military Considerations
When one spouse serves in the military, there are specific considerations that must be addressed during divorce proceedings. The military’s Service Members Civil Relief Act (SCRA) grants individuals on active duty certain protections, including the right to temporarily postpone divorce proceedings and the right to legal counsel.
It is crucial to understand that while the SCRA provides these protections, it does not exempt military personnel from going through a divorce. Though the process may be more intricate, it is still possible for both a military service member and their spouse to obtain a divorce in Kentucky.
Residency Requirements and Military Spouses
To pursue a divorce in Kentucky, certain residency requirements must be met. At least one spouse needs to have lived in the state for a minimum of 180 days to file for divorce. If both spouses are civilians, fulfilling this requirement is relatively straightforward. However, if one spouse is in the Coast Guard and stationed elsewhere, an additional layer of complexity arises.
Thankfully, due to the Military Spouse Residency Relief Act, military spouses are not obligated to establish residency in the state where their service member is stationed in order to file for divorce there. Instead, they can establish residency in the state where they have legal ties. For instance, if the military spouse considers Kentucky their permanent residence or holds a driver’s license registered in the state, they may fulfill the residency requirements without physically living there.
Serving the Military Service Member
When initiating divorce proceedings, it is of utmost importance to properly serve the military service member with the divorce papers. However, this can pose a challenge when the service member is deployed or stationed in a remote location. Under the SCRA, a service member may be granted additional time to respond to a divorce summons, and alternative methods of service must be arranged. In some cases, obtaining a court order may be necessary to allow for service through alternate means such as email or social media.
Custody and Support Challenges
One of the most significant obstacles in a divorce involving a Coast Guard member is determining child custody and support. The unpredictable nature of Coast Guard deployments can make creating a stable custody arrangement a daunting task. Additionally, the pay structures of service members may differ from those of civilians, which can impact the calculation of child support.
It is important to note that the Uniformed Services Former Spouses Protection Act (USFSPA) grants states the authority to divide military retirement benefits as part of a divorce settlement. While this act does not guarantee that the non-service member spouse will receive a portion of these benefits, it does allow for the court to consider them as a potential asset for division.
In Conclusion
Obtaining a divorce is undoubtedly a challenging and emotionally demanding process. When one spouse is in the Coast Guard, there are unique factors that must be carefully considered during the proceedings. However, with the right legal counsel and a clear understanding of the relevant laws and regulations, it is possible to navigate the difficulties and successfully obtain a divorce. By addressing military considerations, meeting residency requirements, properly serving the military service member, and resolving custody and support issues, couples can achieve a fair and equitable resolution.