What are the different types of divorce in the military?

In Wisconsin, military service members can enter into a divorce agreement in either one of two ways: through a contested divorce or an uncontested divorce. A contested divorce is when both parties cannot agree on the terms of the divorce and the decision is ultimately left up to the court. An uncontested divorce is when both parties are able to agree on terms regarding the divorce, such as child support and division of assets. In both a contested and uncontested divorce, a military service member is subject to the Servicemembers Civil Relief Act (SCRA). This act requires any court to allow a delay in the proceedings until the service member is able to appear before the court. This helps ensure that the service member is not disadvantaged in any legal proceedings due to being on active duty. In addition to SCRA protections, state courts must also take into account the Uniformed Services Former Spouses’ Protection Act (USFSPA). The USFSPA provides legal provisions for a military service member’s former spouse with regards to the division of military retirement pay and other benefits. The state court must follow guidelines set out by the USFSPA in order for a military service member’s former spouse to receive benefits. Overall, a military service member may be faced with either a contested or an uncontested divorce, both of which will be subject to the provisions of the SCRA and the USFSPA. It is important for a service member to understand these different types of divorce proceedings in order to protect their rights and interests.

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What are the different types of divorce in the military?

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