Divorce is a heartbreaking and isolating experience for anyone, but military divorce can be even more complicated than the average civilian divorce. The unique lifestyle and laws that come with being a member of the military can impact the process and outcome of a divorce in Wisconsin. Below, we will explore some of the unique considerations for military divorce in Wisconsin.
Residency Requirements
In Wisconsin, both spouses must reside within the state for at least six months prior to filing for divorce. If one spouse is in the military and stationed elsewhere, then that residency requirement can be waived. This is because military members are legal residents of their home states, regardless of where they are stationed. However, this waiver is only valid if the person on active duty states that they intend to return to Wisconsin eventually.
Division of Property
When it comes to dividing property in a divorce, Wisconsin is a community property state, which requires that all marital property be divided equally. However, the Uniformed Services Former Spouses’ Protection Act (USFSPA) can complicate this process for military members. The act allows state courts to treat military retirement pay as property that can be divided in a divorce.
Child Custody and Support
Child custody and support are often the most contentious aspects of military divorce, especially if one parent is on active duty and frequently deployed. In Wisconsin, the court must consider the best interests of the child when making custody determinations. If one parent is a military member and frequently deployed, that parent may worry about losing custody to the other parent who is more available. However, Wisconsin law prohibits the court from automatically giving custody to the parent who is not in the military. Instead, the court must consider the overall well-being of the child.
When it comes to child support, military members often receive additional allowances, such as housing and subsistence allowances, that are not included in their taxable income. These allowances may not be considered when calculating child support, which could impact the amount a military member is required to pay.
Deployments and Custody Arrangements
Another unique consideration for military divorce in Wisconsin is how deployments impact custody arrangements. If a parent is deployed, they may have to give up custody during that time to someone else, either another parent or a family member. In these cases, the deployment does not necessarily affect the custody arrangement in the long term, but it may require a temporary adjustment.
Military Benefits
Military benefits are often a significant consideration in military divorce, including healthcare, dental care, and life insurance. The non-military spouse may continue to have access to these benefits after the divorce, but it depends on the length of the marriage and other factors. The court may also consider these benefits when dividing property during the divorce.
Conclusion
As you can see, there are several unique considerations for military divorce in Wisconsin. If you are considering divorce and are a member of the military or the spouse of a military member, it’s important to have a lawyer who has experience with military divorce cases. Your lawyer can help you navigate the process and ensure that your rights are protected throughout the divorce proceedings.