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Military Divorce/Separation

There is nothing legally specific as a military divorce. A military divorce is a divorce/separation in which either one or both parties are serving active duty, reserve, or national guard in any of the branches of service. Military divorce is a civilian divorce that is granted through the state in family court. It is not filed through any military court. There are however differences in how military benefits and retirement funds are distributed. Military rules on extended services and benefits to the ex-spouce and children can differ from State rules. Your mediator can explain these differences to you in order that your settlement can reflext these rules.

Due to deployments and other assignments within the military service, the emotional and financial aspects are felt greater upon service members than usually on the civilian population. Through mediation your privacy is confidential from other military personnel, The process is efficient, and the cost is based upon your income and situation.

The Beaufort/Jasper Community Conflict Resolution Center is attempting to co-ordinate services with the Legal Assistance Office to hold briefings on a bi-weekly basis for those individuals wanting information on the mediation process and other community and military services that are available to you, your spouse, and your children.

The simularity in either military or civilian divorce/separation is that you don't have to use a attorney or stand before a judge. Through mediation you and your spouse are allowed to make your own decisions and choices. You can choose to mediate at any point in your divorce. You have the right to call a mediator and set up an appointment. If on the other hand you and your spouse go to court over custody and equitible distribution, the judge would order you to go to mediation. At this point, you can select your mediator, have your attorney suggest a mediator, or you can have the court assign a mediator from the court-appointed list where you will pay the court mandated mediation fees.

You don't have to wait for an attorney or a judge to tell you to mediate. Call the Beaufort/Jasper Community Conflict Resolution Center and set up a Free Consultation to discuss your options.

 

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Military Divorce/Separation

There is nothing legally specific as a military divorce. A military divorce is a divorce/separation in which either one or both parties are serving active duty, reserve, or national guard in any…

Read More »