Are there any special considerations for overseas military divorces?

Yes, there are some special considerations for overseas military divorces in Nebraska. It is important to recognize the unique challenges that can arise when a service member pursues a divorce while stationed abroad. In Nebraska, any paperwork for the divorce must be served to the spouse overseas. The court will then follow the provisions of the Servicemembers Civil Relief Act (SCRA), which allows members of the military to suspend or delay certain civil proceedings while they are on active duty. The SCRA also bars the court from entering a default judgement or divorce decree against a service member while they are deployed. Furthermore, it can be particularly difficult to determine the applicable divorce law in some overseas locations. Generally, these matters are determined by the “directional control” doctrine, which considers the state of legal domicile. In most cases, the divorce laws of the service member’s state of legal domicile will be applied. In addition, any property division or spousal support is likely to be based on the applicable laws of the service member’s state of legal domicile. Finally, it is important to be aware of the communication challenges that may arise in overseas military divorces. A service member may be allowed to use technology such as Skype for remote communication in the divorce proceedings. This will vary depending on the laws in the overseas location. Overall, it is important to recognize that overseas military divorces may pose unique challenges, requiring special considerations. By understanding the applicable laws and being aware of the communication challenges that may arise, it can be easier to navigate an overseas military divorce in Nebraska.

Related FAQs

What are the residency requirements for filing for a military divorce?
What is a Continuation of Healthcare Coverage in a military divorce?
What if my spouse does not answer the divorce summons in a military divorce?
What is a Survivor Benefit Plan and how does it affect a military divorce?
Can I receive a waiver of service in a military divorce?
How is custody determined in a military divorce?
How is the division of military retirement benefits determined in a divorce?
What forms do I need to complete in order to obtain a military divorce?
Does the military have jurisdiction over child custody disputes in a divorce?
Are there any special considerations for military divorces?

Related Blog Posts

Understanding Your Rights to Military Retirement Benefits in a Divorce - July 31, 2023
The Top 5 Things You Need to Know about Military Divorce Laws - August 7, 2023
Exploring How Spousal Support is Calculated in a Military Divorce - August 14, 2023
Dividing Assets in a Military Divorce: What You Need to Know - August 21, 2023
What You Need to Know About the Military's Role in Divorce Proceedings - August 28, 2023