How do I protect myself and my children in a military divorce?

Protecting yourself and your children in a military divorce in Wisconsin requires that you understand the laws and processes involved. First, military divorces are typically filed in the county where the service member is currently stationed, rather than the one where you or your spouse resides. The Servicemembers Civil Relief Act (SCRA) provides protections to service members that civilians do not have. It requires a 90-day delay in all legal proceedings, such as divorce or child custody hearings, from when the service member is called to action. In addition, any court order entered during or within 90 days of the service member’s deployment must contain specific language that the service member was unable to attend and is not waiving any rights. You should also familiarize yourself with the Uniformed Services Former Spouse Protection Act, which ensures that former spouses of service members receive pension benefits. It ensures that retiring service members’ spouses are fairly compensated for their shared partnership in a marriage. Finally, the Wisconsin military divorce laws provide that certain assets acquired during a marriage that are the service member’s are considered "marital property" to be divided between the parties in a fair and equitable manner. This includes pensions and other retirement benefits. Since military divorces may involve complex issues, you should consult with an attorney who is knowledgeable in this area. This will ensure that your rights and the rights of your children are protected.

How do I protect myself and my children in a military divorce?

Related FAQs

Related Blog Posts