These days so many Rhode Islander’s or their significant others are either on active duty with the military or in the Guard or Reserves. As a result, the impact of military service is something every divorce lawyer in Rhode Island needs to understand in order to best represent a client in court and settlement negotiations. Below, I will touch on the various topics you must be aware of in dealing with a RI military divorce when one party is in military. Your divorce lawyer needs to truly understand these issues, not just have heard of them.
If a party files a divorce or child custody, possession, or support case in a RI family court, the other party must be served with proper notice of such proceedings before the court can take long term action. “Getting served” can be much more complex when the party being served is in the military and out of Rhode Island.
Soldiers and Sailors Act
If a service member is on active duty, even with proper service, the divorce or custody action may not be able to go forward. The “Soldiers and Sailors Act”, so called, is designed to prevent an undue disadvantage being imposed on a military member when they are unable to actively participate in litigation due to military obligations.
Did you know that each branch of the military – Army, Navy, Air Force, Marines, and Coast Guard, have their own methods of determining how much of a service member’s pay must be turned over to a spouse or child, in the event there is no state order to the contrary? You need a law firm that understands these issues.
Pension division issues are complex enough, but when a spouse in military, the task of dividing pensions get significantly more complex. Read the details of things to consider when dividing a military pension/benefits in RI divorces.
The provisions law Rhode Island that deal with a spouse or child’s continued health and/or dental insurance can often be at odds with how the military will dictate those issues be handled. Factors such as length of marriage may allow a spouse to remain covered even after a divorce.
Overall, military issues can have a significant impact on your case. Ensure your divorce or custody lawyer has the knowledge and experience to confidently handle your Rhode Island divorce. Call Attorney Don Moyer now to set up your consultation. We’ve got the knowledge and experience you’re looking for. (401) 461-7800.