Introduction
Going through a divorce is undoubtedly a challenging and emotionally taxing process. The complexities of divorcing someone in the military can amplify the difficulties involved. Oklahoma, home to several military bases, frequently encounters military divorce cases.
If you reside in Oklahoma and your spouse serves in the military, you might wonder about your options for divorce. This article aims to address common questions surrounding military divorce in Oklahoma.
Residency Requirements in Oklahoma
Before initiating divorce proceedings in Oklahoma, meeting the residency requirements is crucial. To file for divorce in the state, either you or your spouse must have been an Oklahoma resident for a minimum of six months prior to filing.
Nevertheless, military personnel may be able to satisfy the residency requirement due to their military status. Under the Servicemembers Civil Relief Act (SCRA), military members can establish Oklahoma as their legal residence if they were stationed in the state for at least six months preceding the divorce filing.
Military Divorce in Oklahoma
The process of military divorces in Oklahoma generally mirrors that of civilian divorces. However, specific protections and provisions are in place for military members.
The SCRA serves as a crucial safeguard for military personnel. It shields them from default judgments and other legal actions while on active duty. Hence, if your spouse is unable to respond to your divorce petition due to active duty, a default judgment cannot be granted against them.
Moreover, the SCRA permits military members to request a stay (or delay) of proceedings if their military service hampers their ability to participate fully in the divorce process. Consequently, if your spouse is deployed or on active duty, they may be able to seek a postponement until they can actively engage in the divorce proceedings.
Child Support and Spousal Support in Military Divorce
Child support and spousal support in military divorce cases adhere to the guidelines outlined in Oklahoma state law. However, certain factors specific to military divorces may come into play.
For instance, if a military member is presently serving on active duty, their income might include additional financial benefits such as housing allowances and combat pay. These supplementary payments could be taken into consideration when calculating child support and spousal support.
Furthermore, military personnel may be obligated to provide support for their spouse and children, even if they aren’t residing with them. The Uniformed Services Former Spouses’ Protection Act (USFSPA) empowers state courts to divide military pensions as marital property in divorce cases.
Conclusion
To conclude, if you are considering a divorce in Oklahoma while your spouse serves in the military, it is still possible to proceed with the divorce. Residency requirements can be fulfilled through your spouse’s military service in Oklahoma, and there are important safeguards and provisions in place to protect the rights and interests of military members during the divorce process.
It is crucial to seek the guidance of an experienced family law attorney specializing in military divorce in Oklahoma. They can assist you in navigating the process and advocating for your rights, ensuring that your divorce is logically structured, easy to read, and tailored to meet your unique needs.