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Child custody and the Servicemembers Civil Relief Act

When divorced military servicemembers in Dayton are called to active duty, many have questions about whether or how deployment will affect their arrangements regarding custody of their children. To understand the legal context surrounding child custody and military deployment, the Servicemembers Civil Relief Act is crucial.

Child visitation plans for divorced service members

For divorced parents in the Dayton who serve in the military, child custody arrangements can be tricky to navigate. What, for other ex-spouses, may be a straightforward matter of a physical custody and visitation schedule can raise a number of difficult questions for couples in a military divorce. We will take a look at some of those questions this week, with the understanding that the information is intended not as specific legal advice, but also as a general background on military divorce only.

What should I know about a military divorce?

Any divorcing couple may have a variety of different questions about the divorce process and what to expect, however, couples in the military that have made the decision to divorce may have additional questions specific to military concerns and their impact on a military divorce. Military divorces involve many of the same issues as a civilian divorce, however, a military divorce can also include a few unique issues that have to be addressed.

Where should you file for a military divorce?

When military couples in the Dayton area reach the end of a marriage, there are a number of unique issues that they will have to resolve. We've discussed a number of these previously on our Dayton family law blog. One seemingly simple question, however, may not be so simple: where should you divorce?

TRICARE eligibility for spouses, children in a military divorce

Health care is a major concern for Dayton residents today, as it is for Americans across the country. Military service members and their families are fortunately able to obtain comprehensive care through the TRICARE program. In the event of a military divorce, TRICARE eligibility is something that separating spouses and their legal teams will want to take into consideration.

Residency requirements for a military divorce

Divorce is hard. Whether an Ohio resident has been in a long-term marriage or recently married their spouse, coming to the decision to end one's legal relationship with their spouse is a difficult and painful process. Aside from the emotional decisions that they will have to confront to ensure that they are protected as they transition into single lives they must also meet the technical legal requirements that their jurisdictions impose upon them for the completion of the divorce process.

Military survivor benefits for ex-spouses

Military service members, both active duty and retired, have the option of taking out what is called a Survivor's Benefit Plan. These plans are partially funded by the government and are set up to be deducted monthly from the military member's pay. If a service member elects to go without an SBP plan, then all benefits cease upon death of the retiree.

Will active military duty hurt me in a child custody case?

You want to protect and provide for your children, but when a divorce occurs in Ohio, it can be quite difficult to maintain the family unit and to provide the comfort and security your children need. When parents go their separate ways, the kids get caught in the middle. This is why custody arrangements are made. They help ensure your children get to maintain a relationship with you and their other parent. When one parent is in the military, though, this can complicate things.

What is the Uniformed Services Former Spouses’ Protection Act?

If you are involved in a military divorce in Ohio, then you should know and understand the Uniformed Services Former Spouses' Protection Act. The USFSPA, according to Defense Finance and Accounting Services, gives you the right as a spouse of a military personnel the chance to be awarded a portion of your spouse's military retired pay in your divorce settlement.

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