If you find yourself contemplating divorce in the state of New Mexico with a spouse who is currently serving in the military, you may be wondering about the intricacies and potential implications. The straightforward answer is yes, you can indeed get a divorce in New Mexico even if your spouse is in the military. However, it is important to note that the process may vary slightly in order to accommodate their unique service obligations.
Gaining Insight into Military Divorce Laws
Before delving into the specific details of filing for divorce in New Mexico as a military spouse, it is crucial to have some understanding of the fundamental laws that are applicable to military divorce cases. The primary law governing military divorce is the Uniformed Services Former Spouses’ Protection Act (USFSPA), which outlines the rules and regulations governing the division of military benefits within divorce proceedings.
According to the USFSPA, state courts possess the authority to divide military retirement benefits as marital property in divorce cases. It is important to note that regardless of the geographical location where the couple resides, military pensions are subject to the laws of the state in which the service member holds legal residence.
Initiating a Divorce in New Mexico as a Military Spouse
In the event that you or your spouse are in the military and wish to file for divorce in New Mexico, there are various factors that should be taken into consideration.
Residency Requirements
To begin, it is imperative that you meet the residency requirements of the state. Specifically, in New Mexico, either you or your spouse must have maintained residency within the state for a minimum of six months prior to initiating divorce proceedings.
Properly Serving Divorce Papers
In the case of serving divorce papers to a military spouse, there exist specific rules and procedures that must be followed. Under the umbrella of the Servicemembers Civil Relief Act (SCRA), those serving on active-duty are entitled to a postponement of court proceedings while they are actively fulfilling their military duties. Consequently, in select scenarios, it may be necessary to temporarily postpone the divorce process until the service member returns from deployment or training.
Furthermore, in accordance with SCRA guidelines, it is obligatory to serve divorce papers adequately to the military spouse. This may entail delivering the necessary documents to their commanding officer, who will facilitate their receipt by the service member.
Child Custody and Support
In situations where both you and your spouse share children, it is paramount to address the matters of child custody and support during the divorce process. When making decisions pertaining to child custody and support, the court will evaluate various factors, including the income of each parent, their ability to properly care for the child, and ultimately, the child’s best interests.
In Conclusion
Navigating through the intricacies of a military divorce in New Mexico can undoubtedly be a complex undertaking. Nonetheless, it is important to recognize that it is entirely feasible. By acquiring a comprehensive understanding of the distinctive laws and regulations that pertain to military divorce cases, one can more effectively navigate the divorce process and ensure the protection of their rights and interests. Should you find yourself harboring specific questions or concerns about filing for divorce in New Mexico as a military spouse, it is always highly recommended to seek the guidance and support of an experienced family law attorney.