Are there any special considerations for service members in filing for a military divorce?
Yes, there are special considerations for service members in filing for a military divorce in Nebraska. To begin with, any military member who plans to file for a divorce must first determine their state of residence. The state of residence is usually the state in which the service member is stationed, however, it could also be the state in which they last resided prior to entering the military, or the state in which they intend to live after their discharge. In Nebraska, service members can file for a military divorce in either their state of legal residence or the state where they are stationed. Depending on the state, military divorces may be subject to different filing requirements. Aside from the state residency requirements, Nebraska also requires that a military servicemember must have been a Nebraska resident for at least six months prior to filing for divorce, unless they are divorcing from a Nebraska resident. In addition, there are a host of other considerations for military members filing for divorce. The Servicemembers Civil Relief Act provides for special timelines for service members while deployed, relief from default judgments, and automatic stays on certain legal proceedings. The state of Nebraska also recognizes military retirement plans as marital property. Finally, the division of military or veteran benefits may also need to be addressed in a military divorce. Overall, divorce proceedings for service members can be complicated, and it is best to consult with a qualified divorce attorney and a military lawyer who are familiar with the laws in the state of Nebraska.
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