Nebraska Divorce And Military Service Members: What You Need To Know

As a military service member, filing for divorce can present unique challenges. Whether you are stationed in Nebraska or have a spouse who resides there, it is crucial to have a comprehensive understanding of the specific laws and regulations that apply to your situation. In this enlightening article, we will provide an overview of the essential issues that military service members going through a divorce in Nebraska should be aware of.

Residency Requirements: A Special Exception for Service Members

Before initiating divorce proceedings in Nebraska, it is essential to meet the state’s residency requirements. According to Nebraska law, either you or your spouse must have resided in the state for a minimum of one year prior to filing for divorce. Nevertheless, military service members have a special exception. If you are stationed in Nebraska and can demonstrate your intention to establish the state as your permanent home, you may be eligible to file for divorce there, even if you have not met the full one-year residency threshold.

Filing for Divorce: Overcoming the Distance Dilemma

While the process of filing for divorce in Nebraska is generally straightforward, it can become more complex for military service members deployed far away from the state. Whenever possible, it is advisable to file for divorce in Nebraska, as doing so allows the court to maintain jurisdiction over the case. However, if you are stationed overseas or in a different state, your spouse can still initiate divorce proceedings in Nebraska, provided they satisfy the residency requirements.

Division of Property: Navigating the Equitable Distribution

One of the most significant aspects of any divorce is the division of property, and Nebraska is no exception. In this state, property distribution follows the principles of equitable distribution. This means that the court aims to divide property in a manner that is fair and just for both parties, although not necessarily an equal split. For military service members undergoing a divorce, military pensions and benefits often become significant concerns. According to federal law, military pensions and benefits are deemed marital property and are therefore subject to division during divorce proceedings. In Nebraska, specific guidelines are in place to dictate how military pensions should be divided.

Child Custody and Support: Determining the Best Interests

When there are children involved in a divorce, custody and support become major considerations. Nebraska law mandates that courts make custody and support decisions based on the best interests of the child. Consequently, the court takes various factors into account, including the child’s needs, the parents’ ability to care for the child, and any special circumstances or challenges. For military service members, the court may also take into consideration their deployment schedules and other pertinent factors when making custody and visitation decisions.

Protection for Military Service Members: Ensuring Legal Safeguards

It is important to note that military service members are entitled to specific legal protections throughout the divorce process. For instance, under the Servicemembers Civil Relief Act (SCRA), service members can request a stay of court proceedings if their military obligations prevent them from attending court appearances. Furthermore, the SCRA offers protection against default judgments and other legal actions that could detrimentally impact the rights of service members.

Conclusion

Divorce is undeniably challenging, and for military service members, the complexity increases further. For those navigating the intricacies of divorce in Nebraska, it is highly recommended to seek the guidance of an attorney experienced in this area of the law. By comprehending your legal rights and responsibilities, you can effectively navigate the divorce process and safeguard your interests throughout this turbulent time.