When military couples seek a divorce, they encounter challenges that civilian couples do not face. The complexities of military life, such as frequent relocations, extended deployments, and potential combat situations, make the process of divorce more difficult to navigate. In Utah, there are several special considerations that military couples should keep in mind when contemplating divorce.
Residency and Filing Requirements
Utah imposes strict residency requirements for filing for divorce. Generally, at least one spouse must have been a resident of Utah for at least three months before filing. However, an exemption exists for military personnel who are stationed in Utah on active duty. They are allowed to file for divorce in Utah even if they haven’t met the regular residency requirement. This exception recognizes the unique circumstances that military personnel often face in terms of their living arrangements.
Military Pensions and Benefits
Division of military pensions and benefits is a significant aspect in military divorces. The Uniformed Services Former Spouses’ Protection Act (USFSPA) grants state courts the authority to divide military pension benefits, regardless of the duration of the marriage. This means that even if a non-military spouse was married to the service member for less than 10 years, they may still be entitled to a portion of the military pension.
However, it’s important to note that the USFSPA doesn’t automatically guarantee a former spouse a share of the military pension. Instead, it enables state courts to distribute the benefits as part of a divorce settlement. In Utah, the courts follow the "equitable distribution" model when it comes to dividing marital assets. This means that the court will divide the pension based on what it deems fair, rather than necessarily equal.
Child Custody Considerations
When it comes to child custody in military divorces, Utah family courts prioritize the best interests of the child. When one parent is a service member, unique factors come into play when making custody decisions. These factors include the deployment schedule of the service member, potential relocation due to military orders, and the overall stability of the family environment.
To address these concerns, the court may include specific provisions in the custody order. For example, the court might grant primary physical custody to the non-military parent, with the military parent receiving visitation rights during their non-deployment periods. Additionally, the court may require the military parent to provide a detailed parenting plan outlining how they intend to maintain a strong relationship with their child during periods of deployment.
Service of Process
In Utah, it is mandatory to serve divorce papers to the other spouse in person. However, in cases where one spouse is deployed or on active duty, fulfilling this requirement can be a challenge. To address this issue, the Servicemembers Civil Relief Act (SCRA) offers protections for active duty service members.
Under the SCRA, a service member can request a stay of proceedings if their military duties materially affect their ability to appear and defend in court. Additionally, in situations where the service member is unable to attend court proceedings due to military service, the court may appoint an attorney to represent them.
Conclusion
Military divorces in Utah present unique issues that civilian couples do not encounter. Residency requirements, the division of military pensions and benefits, child custody considerations, and challenges related to service of process all add layers of complexity to the divorce process for military couples. To navigate these complexities successfully, it is crucial for both spouses to seek the guidance of an experienced family law attorney who understands the intricacies of military divorce. With the right legal support, military couples can effectively navigate divorce and begin the next chapter of their lives.