In the state of Oregon, military members and their spouses face unique considerations and challenges when it comes to getting a divorce. If you are a civilian spouse seeking to end your marriage with your military spouse, it is crucial to be aware of the laws and procedures in place to ensure a smooth and fair process.
Understanding Oregon Military Divorce Laws
In Oregon, divorces can be categorized as either fault or no-fault divorces. For a no-fault divorce, all you need to do is state that your marriage is "irretrievably broken" or that you and your spouse have "irreconcilable differences." However, if you wish to file for a fault divorce, you must provide evidence of specific grounds such as adultery, abuse, abandonment, or other legally recognized reasons.
In addition to these general divorce laws, military divorces are subject to additional regulations specific to servicemembers and their families. The Servicemembers Civil Relief Act (SCRA) allows military members to request a stay or delay in legal proceedings, including divorce proceedings, for up to 90 days if their military service significantly affects their ability to participate in the case.
Jurisdiction Challenges
When seeking a divorce, establishing the proper jurisdiction, i.e., the legal authority to handle and decide your case, is vital. In Oregon, a divorce can be filed in the county where either spouse resides. However, if your military spouse is stationed outside of Oregon, you may encounter difficulties in determining jurisdiction.
If your military spouse is stationed in another state, they may claim residency in their home state or the state where they are stationed. This scenario may require you to file for divorce in that state or seek legal guidance on how to establish jurisdiction within Oregon.
Division of Military Benefits
The division of property and assets can become complex in any divorce, and military benefits can further complicate matters. In Oregon, military benefits are considered a form of property and can be divided in a divorce settlement. These benefits may include a military pension, healthcare benefits, and survivor benefits.
Determining how to fairly divide these military benefits can be challenging. A portion of a military pension earned during the marriage may be considered shared marital property and subject to division. The classification of healthcare benefits and survivor benefits as marital property depends on specific circumstances. To secure a fair division of military benefits, it is crucial to seek legal advice and work with an experienced military divorce attorney.
Child Custody and Support
Child custody and support are important factors to consider in any divorce, including military divorces. In Oregon, child custody and support determinations prioritize the best interests of the child.
In cases where one parent is in the military and is possibly facing deployment or stationed outside of the state, child custody arrangements can become more complex. It is essential to collaborate with an attorney well-versed in military divorce laws. They can help you establish a parenting plan that takes into account the unique needs of military families.
Conclusion
Divorce can be emotionally challenging and legally complex, particularly for military families. If you are a civilian spouse seeking a divorce from your military spouse in Oregon, it is crucial to fully understand your rights and the specific laws applicable to your situation. By working with a knowledgeable military divorce attorney, you can ensure that your interests are protected, and a fair resolution is reached.