Military divorces are not legally much different from civilian divorces. The current location where the service member and their family live determines the jurisdiction where they file.
The laws in that jurisdiction guide property division, financial support determinations and custody decisions. The law generally does not include special statutes for military service members, their spouses and their dependent children. However, those preparing for a military divorce may have unique custody complications that require consideration as they negotiate with one another or prepare for court.
How is military custody different?
The biggest difference between military custody cases and civilian custody cases is perhaps how spouses must plan in advance for deployment or training at an off-site location. There may need to be two separate parenting schedules, with one prioritizing virtual visitation and phone calls for times when a military parent cannot be physically present to spend time with their children.
Additionally, parents may need to make difficult decisions regarding the overall schedule, especially if there is no affordable housing near the military base. Once the courts finalize the divorce, the non-military spouse generally cannot live in military housing.
The longer the commute between parental houses, the more difficult it may be to maintain a consistent shared custody schedule due to the travel time involved. Parents may need to arrange a special location for custody exchanges or determine who is responsible for transportation.
Parents preparing for a military divorce often need help ensuring that the custody arrangements they establish center their children and adequately address their situation. Working with an attorney familiar with the unique challenges that arise during a military divorce can help parents reach custody arrangements that work well for their family accordingly.