Are there any special considerations for filing for a military divorce as a civilian?
Yes, there are special considerations for filing for a military divorce as a civilian in Nebraska. Some laws that are unique to military divorce include the ability to file for divorce in any state, regardless of the service member’s residence or duty station, and the right to receive military benefits as part of a divorce settlement. Residency requirements are different for military members. A service member who has been on active duty for at least six months prior to filing for divorce can file for divorce in any state, regardless of the length of time in which they have been stationed or resided in that state. However, a civilian spouse must meet the residency requirements for the state in which he or she chooses to file for divorce. Additionally, the duration of a marriage is calculated differently in a military divorce than it is in a civilian divorce. In a civilian divorce, only the length of the marriage prior to the filing for divorce is considered when calculating alimony and other financial awards. However, in a military divorce, the length of the marriage, plus the length of time the service member was on active duty, is taken into account. If you are filing for a military divorce in Nebraska, you may be eligible for a waiver of the filing fee. This waiver is only available to those who are financially unable to meet the fee. In addition, you may be able to access certain military benefits as part of the divorce settlement, such as a share of the service member’s pension and certain healthcare benefits.
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