Are there any restrictions on the time frame for filing for a military divorce?
Yes, there are restrictions on the time frame for filing for a military divorce in Wisconsin. According to the Wisconsin Statutes, a military divorce can only be filed after a minimum of 20 days from the date that the military spouse was served with a summons or 30 days from the date of the filing of the summons. It is important to note that if the military spouse is deployed or stationed beyond the US for over one year, then the marriage can be dissolved without the need for the spouse to be present. In addition to the time frame restrictions for filing a military divorce, there are other special considerations that must be taken into account. For example, if the spouse on active duty is a Wisconsin resident, then the court will consider the residency status of both parties. Alternatively, if only one party is a Wisconsin resident, the court will follow the Uniformed Services Former Spouses’ Protection Act, which lays out certain rules for determining a military spouse’s residency. Finally, even if all the time frame and residency requirements are met, a military divorce will not be granted unless the court finds that the marriage has been irretrievably broken down. Therefore, additional evidence may be required to show that the marriage cannot be salvaged and that divorce is the best solution.
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