What are some of the laws governing a military divorce?

Military divorce law in Wisconsin are governed by state-specific statutes and federal regulations, including the Uniform Code of Military Justice (UCMJ). In military divorces, significant issues such as spousal support, division of military retirement and benefits, and child custody can arise. All military divorces must consider the Servicemembers Civil Relief Act (SCRA), which provides protections for deployed servicemembers and their families. The SCRA may affect the choice for jurisdiction in divorce cases, and it may also provide additional protections for servicemembers, delaying or suspending court proceedings until the servicemember is able to participate. In Wisconsin, all military divorces must follow the state’s community property laws. This means that all property acquired during the marriage, including retirement benefits, is divided between the spouses according to their ownership rights. Property division may be difficult when dealing with military retirement benefits, since there are many factors that affect the benefit calculation, including years of military service and pay grade. Child custody and visitation are also determined according to Wisconsin law. The court looks at a number of factors when making these decisions, including the best interests of the child, the stability of the marriage, and the safety of any involved party. Finally, Wisconsin provides an equitable division of assets and debts in a military divorce. This means that each party will receive an equitable portion of the assets and debts accumulated during the marriage. The court may order one party to pay spousal or child support to the other. Overall, military divorce law in Wisconsin follows state statutes, and the unique circumstances of military divorces may affect certain aspects of the divorce, such as child custody and property division.

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