Divorce is a complicated process, but military divorces add an extra layer of complexity. Military members and their spouses face unique legal and logistical challenges when it comes to divorce. In Wisconsin, there are specific laws that apply to military divorces.
Jurisdiction in Military Divorces
Jurisdiction refers to the state’s legal authority to make decisions in a divorce case. In Wisconsin, jurisdiction in divorce cases is determined by residency. At least one spouse must have lived in Wisconsin for at least six months before filing for divorce. However, military members and their spouses may have additional options when it comes to jurisdiction.
The Servicemembers Civil Relief Act (SCRA)
The SCRA provides legal protections for military members in a variety of situations, including divorce. Under the SCRA, a military member may be able to delay divorce proceedings if they are on active duty or deployed. Additionally, the SCRA allows military members to maintain their legal residency in their home state, even if they are stationed elsewhere. This means that a military member could potentially file for divorce in their home state, even if they are not currently living there.
Military Spouse Residency Relief Act (MSRRA)
The MSRRA provides similar protections for military spouses. Under the MSRRA, a military spouse may choose to maintain their legal residency in their home state, regardless of where they are currently living. This could potentially allow a military spouse to file for divorce in their home state, even if their spouse is stationed elsewhere.
Child Custody in Military Divorces
Another unique aspect of military divorces is child custody. Military members may be deployed overseas, which can complicate custody arrangements. In Wisconsin, child custody is determined based on the best interests of the child. However, there are specific laws that address custody arrangements for military members.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
The UCCJEA is a federal law that determines which state has jurisdiction over child custody cases. Under the UCCJEA, the state where the child has lived for the past six months typically has jurisdiction. However, there are exceptions for military families. If a military member’s custody orders are modified due to military duties, the state where the military member is stationed may have jurisdiction over the custody case.
Wisconsin Family Law Statute 767.481
Wisconsin’s family law statute specifically addresses custody arrangements for military members. This statute allows a military member to designate a family member or friend as a temporary custodian while they are deployed. The temporary custodian may be granted the same legal custody rights as the military member, including the ability to make medical decisions and enroll the child in school.
Division of Military Benefits in Divorce
The division of military benefits can also be a complicated issue in military divorces. Military members may have special benefits, such as retirement or healthcare benefits, that are subject to division in a divorce. Wisconsin law addresses the division of military benefits in divorce cases.
Uniformed Services Former Spouses’ Protection Act (USFSPA)
The USFSPA allows states to treat military retirement pay as marital property that can be divided in a divorce. In Wisconsin, military retirement pay is subject to division just like any other asset.
Wisconsin Family Law Statute 767.255
Wisconsin’s family law statute also addresses the division of military benefits in divorce cases. This statute specifies that military retirement pay can be divided between the military member and their spouse. The court may also order the military member to provide healthcare benefits to their former spouse.
Conclusion
Military divorces present unique challenges that require specialized knowledge and expertise. In Wisconsin, there are specific laws that apply to military divorces, including jurisdiction, child custody, and the division of military benefits. If you are facing a military divorce, it is important to work with an experienced family law attorney who understands the intricacies of these laws.