Divorce is a challenging process, especially for military personnel who face additional hurdles. Military divorce laws are unique compared to civil laws and can be confusing to navigate. New Hampshire laws have specific provisions for military personnel, which they need to be aware of before filing for a divorce. This article will explore the military divorce laws in New Hampshire and provide a comprehensive understanding of the process.
Residency Requirements
New Hampshire has specific residency requirements before a divorce can be filed. One of the spouses must be a resident of the state for at least one year before filing for divorce. However, if the military member is stationed in New Hampshire, he or she can file for a divorce in the state regardless of their residency status.
Dividing Military Pension
Division of military pension is one of the significant issues that arise in military divorces. The Uniformed Services Former Spouses’ Protection Act (USFSPA) is a federal law that governs the division of military pensions during a divorce. Under New Hampshire laws, the court can consider the military pension as a marital asset subject to division. The court will determine a fair and equitable distribution based on several factors, including the length of service, the time of the marriage, and the contribution to the military pension.
Child Support and Custody
Child custody and support issues are highly sensitive in military divorces. New Hampshire uses the best interest of the child standard while considering child custody and support issues. In determining child custody, the court will consider several factors, including the child’s wishes, the parents’ ability to care for the child, and the relationship between the child and each parent.
Regarding child support, the military member’s base pay, and allowances will be considered when calculating the amount of support. The court can also order the military member to provide health insurance coverage for their child and pay additional expenses such as daycare, medical, and educational expenses.
Spousal Support
Spousal support, also known as alimony, is another significant issue in military divorces. Under New Hampshire laws, either spouse can be awarded spousal support based on their financial need and earning capacity. The court will consider several factors while determining the amount and duration of spousal support, including the length of the marriage, the standard of living during the marriage, and the contributions of each spouse to the marriage.
Completing the Divorce Process
After filing for divorce, the military member is required to follow specific rules and regulations set by their branch of service. The military may place a hold on the divorce proceedings, depending on the location and deployment status of the military member. In such cases, the military member’s commanding officer must be notified before the divorce can be finalized.
Hiring a Military Divorce Lawyer
Military divorce laws are complex, and it is essential to hire a lawyer who has experience handling military divorce cases. A military divorce lawyer can help the military member navigate the process and ensure that their legal rights are protected. The lawyer can also assist in completing the divorce process and ensuring that all the specific military regulations are met.
Conclusion
Military divorce laws are unique and have additional requirements compared to civilian divorces. New Hampshire has specific laws governing military divorces, and military personnel must adhere to these laws while filing for divorce. Residency requirements, division of military pension, child custody and support, spousal support, and the divorce process are the primary considerations in military divorces. Hiring a knowledgeable and experienced military divorce lawyer is essential to ensure a fair and equitable outcome.