Getting a divorce can be a daunting and complex task, especially when one spouse is an active military member. There are certain laws and regulations that must be taken into consideration when filing for divorce in Tennessee if you have a military spouse. In this article, we will provide you with a comprehensive overview of Tennessee divorce laws and the specific factors you need to know when dealing with a military divorce.
Overview of Tennessee Divorce Laws
Divorce laws can vary from state to state, and Tennessee is no exception. It’s crucial to understand these laws before proceeding with a divorce. In Tennessee, there are two main types of divorces: contested and uncontested.
Contested divorces occur when the two spouses are unable to reach an agreement on important aspects of the divorce, such as property division, child custody, and spousal support. On the other hand, uncontested divorces occur when both parties mutually agree on the terms of the divorce, making the process quicker and less costly.
Military Divorce in Tennessee: What You Need to Know
When dealing with a military divorce in Tennessee, there are additional laws and regulations that come into play. These laws are primarily governed by federal legislation, such as the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses’ Protection Act (USFSPA).
The SCRA provides protections for active military members, allowing them to postpone a lawsuit, including divorce proceedings, while on active duty. This is a crucial consideration to keep in mind when filing for divorce with a military spouse. Additionally, the USFSPA ensures that military pensions are fairly divided between divorcing spouses and helps determine eligibility for specific benefits and medical care.
Filing for Divorce in Tennessee with a Military Spouse
To initiate the divorce process in Tennessee with a military spouse, the first step is to determine the appropriate jurisdiction to file in. This is typically based on the legal residency of the service member, which may differ from their current station. Conducting thorough research or seeking legal assistance can help determine the correct jurisdiction.
Once the jurisdiction is established, it’s essential to serve the active duty spouse with the necessary legal documents, including a Summons and a copy of the Divorce Complaint. It’s important to note that the SCRA grants the service member the right to delay the proceedings, so it’s crucial to be prepared for potential delays.
Child Custody and Support for Military Divorces
In military divorces, child custody and support require additional considerations due to the potential deployment of the service member. During custody determinations, courts prioritize the best interests of the child, aiming to maintain stability and facilitate frequent contact with both parents.
Moreover, child support payments may need adjustments during deployments or if the service member’s income changes. It’s important to factor in military benefits like housing and medical care when determining child support payments.
Spousal Support for Military Divorces
Spousal support, also known as alimony, is a possibility in military divorces, taking several factors into account. These considerations often include the duration of the marriage, the service member’s income, and the recipient spouse’s ability to support themselves. It’s crucial to remember that spousal support payments can be influenced by deployments or changes in the service member’s income.
Conclusion
Navigating a divorce in Tennessee with a military spouse can be a complex and challenging process. However, understanding the specific laws and regulations involved can significantly ease the process. It is strongly advised to work with a legal professional experienced in military divorces to ensure all necessary steps are taken and all factors are considered. With careful attention to detail and diligence, the divorce process can be carried out successfully, enabling both parties to move forward with their lives.