Are there any special considerations for military divorces?

Yes, there are special considerations that apply to military divorces in Wisconsin. Depending on the length of time a service member has been in the military, the uniform code of military justice applies to certain aspects of the divorce. This includes alimony, child custody, visitation rights, and any other aspects of the marriage and divorce. For example, service members may be subject to the Servicemembers Civil Relief Act (SCRA), which provides protection for service members who are deployed overseas and are unable to attend court proceedings. If a service member files for a divorce while on active duty in Wisconsin, the court may suspend the proceedings or delay the divorce until the service member returns from deployment. In addition, certain federal laws allow for division of military retirement pay. Generally, the court divides the military retirement pay by subtracting the amount of the service member’s contributions to the retirement fund from the total amount of the retirement pay. Then the court divides the remaining sum between the former spouses according to the state divorce laws. Finally, in Wisconsin, a service member may voluntarily waive all rights to military retirement pay, which is known as a “waiver of rights”. This waiver must be in writing and signed by the service member’s spouse, or former spouse, and be approved by the court. The waiver must be accepted as part of the divorce settlement or it is not legally binding.

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Are there any special considerations for military divorces?

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