Divorce can be a complex and demanding process for anyone, but military couples face unique considerations and procedures that must be carefully navigated. If you or your spouse are serving in the military and seeking a divorce in Kentucky, it is essential to understand the specific rules and regulations that apply in your situation.
Jurisdiction
Jurisdiction is the first crucial aspect to consider. If you or your spouse are currently on active duty and stationed in Kentucky, then Kentucky has jurisdiction over your divorce proceedings. However, complications can arise if one or both of you are stationed in another state. In such cases, it may be advisable to seek legal counsel from an attorney who is familiar with both the laws of Kentucky and the state where your spouse is stationed or where you are stationed if you are the one initiating the divorce.
Residency Requirements
When filing for divorce in Kentucky, at least one of the parties involved must have been a resident of the state for a minimum of 180 days. However, exceptions to this rule exist for military members. If you or your spouse are stationed in Kentucky, even if you have not lived there for the required 180 days, you may still have the ability to file for divorce in the state.
The Servicemembers Civil Relief Act (SCRA)
The Servicemembers Civil Relief Act (SCRA) is a federal law that grants specific protections to military members who are serving on active duty. One of these protections is the ability to request a stay of legal proceedings. This means that if you or your spouse are unable to actively participate in the divorce proceedings due to service-related duties, the court can temporarily postpone the proceedings until you are available.
Additionally, the SCRA also provides safeguards pertaining to default judgments. Under certain circumstances, if one party fails to respond to the divorce petition, the court may issue a default judgment. However, if the defendant is a military member on active duty, they are entitled to additional protections under the SCRA. To obtain a default judgment, the plaintiff must demonstrate that the defendant was properly informed about the divorce proceedings and that the defendant’s military service prevented their active participation.
Military Pensions and Benefits
Division of property and assets, including military pensions and benefits, often plays a significant role in divorce proceedings. In Kentucky, military pensions are classified as martial property and are subject to division during a divorce. However, there are specific rules and requirements that must be carefully followed in order to equitably divide a military pension.
To divide a military pension, the couple must have been married for a minimum of 10 years, and the period of military service must have overlapped with at least 10 years of the marriage. Furthermore, a Qualified Domestic Relations Order (QDRO) must be issued by the court in order for the pension to be divided. This order instructs the military to allocate a portion of the pension to the non-military spouse.
Child Custody and Support
Similar to any divorce, child custody and support are significant considerations in military divorces. However, there are additional factors that can complicate these matters for military families. For instance, if one parent is frequently deployed on active duty, this can have an impact on the custody arrangement and visitation schedule.
Child support is determined based on the guidelines established by the Kentucky Child Support Guidelines. Nonetheless, if one parent is on active duty and receives supplemental pay for hazardous duty or separation, these amounts may not be taken into account during the calculation of child support.
Conclusion
Divorce is always a challenging journey, and when military families are involved, it becomes even more complex. It is crucial for service members and their spouses in Kentucky to seek the assistance of an attorney who is well-versed in the unique considerations and procedures specific to military divorces. With professional guidance and support, military couples can successfully navigate the divorce process and emerge with a fair and equitable settlement.