Are there any special issues regarding relocation in a military divorce?
Yes, there are special issues to consider when a spouse who is a member of the military seeks a divorce in Wisconsin. Relocation is one issue that must be addressed during the divorce process. The State of Wisconsin has a Military Custody and Placement Statute, which applies to all divorcing couples in Wisconsin where one spouse is a military service member. Under the statute, the court must look at the best interests of the children of the military service member when determining a relocation. The court may consider all factors, including military assignments, the financial security of the military member and his or her family, the ability of the nonmilitary spouse or partner to maintain custody of the children, and any special effects of a relocation on the children. The court may also consider alternative arrangements such as a change of custody or visitation schedules in lieu of relocation. Additionally, the military service member must provide the court with proper notice of any intended relocation with sufficient time for the other spouse or partner to contest the move. The military must also provide the court with the data necessary for the court to make an informed decision regarding the proposed relocation. While the courts have the ultimate authority in deciding relocation cases, there are steps spouses or partners of a military service member can take to ensure their interests are protected in a military divorce. Consulting a family law attorney experienced in military family law can provide information and advice to families facing relocation matters.
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