How Long Does a Military Divorce Take - Michigan Law

People in military service ask questions about their divorce or family case. Divorcing military couples want to know how much it will cost. Also, they would inquire about the case’s timeline. An average case could take hours. The procedure is roughly the same and does not adhere to a set calendar. The legal costs are essentially the same because it is based on hourly labor. How long does a military divorce take?

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Military divorces are no different from civilian divorces in Michigan. The military spouse is on deployment. There are restrictions on how much participation the military spouse can manage. Especially while on active duty. The life cycle of the case might be influenced by this. The court deals with it in deference to the men and women who are serving and defending the nation.

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How is a military divorce different from a civilian divorce in Michigan?

Military divorce in Michigan and civilian divorce differ in some ways. Same since we still have to deal with the issues associated with a divorce between spouses. Common difficulties include those involving child support, property distribution, parenting time, and custody. Both military divorce and civilian divorce have issues that must be resolved.

The court must deal with one or both parents who may not be on US soil, unlike in a divorce involving a civilian. The court will encounter challenges as a result of custody matters. The court strikes a balance between the demands of the parties. Courts take care of both men and women serving in the military. Family courts do this while ensuring the best interests of the child.

Remember these special rules apply uniquely to spouses on active military duty. These rules create the distinction between civilian and military divorce.

Residency requirements.?

One spouse must either live in Michigan or have a Michigan-based job. You or your spouse are sent off or deployed outside of Michigan. Show your intention to maintain Michigan residency. Present the court with proof of your intentions. Show your Michigan driver’s license or your right to vote. You can show your ownership of property there. You can present your payment of Michigan tax obligations.

Filing for divorce.

Divorce starts upon the filing of a complaint in court and the service of a summons. The court sends a copy of the divorce complaint to the other spouse in Michigan. Service may be challenging if the other spouse is a military service member. The military spouse has two options for postponing the divorce proceedings:?

[ 1 ]?Sign a waiver accepting the divorce action. This option rather than having a summons and complaint served; or?

[ 2 ]?Postpone proceedings for up to 60 days past the time when the spouse is on active service.

Parenting time.?

A military spouse can be stationed outside of Michigan or is in the military on active duty. It could be challenging to have shared parenting time. Ensure parental rights to parenting time and child custody are upheld. Consult your respective divorce lawyers.

Child and spousal support.

Courts take into account housing allowances, salary raises, and cost of living adjustments. This includes special pay. Courts use all these in calculating child and spousal support in a military divorce.

Retirement benefits.?

Military retired pay is often only available to those who have served in the military for at least 20 years. A Michigan court may order a military spouse to pay a share of military retired pay to the other spouse even. Courts allow this even if they were married for fewer than 10 years. The federal government only divides military retired pay if a pair were married for at least 10 of the 20 years.

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What happens if the military spouse is deployed or on active duty overseas?

A couple must have at least one resident spouse in the state in which they intend to petition for divorce. Military personnel are constantly on assignment and travel frequently. Those serving in the military could be unclear about where to file their taxes. They have choices of their home state or the state where they are now stationed.

You or your spouse live in Michigan for at least 180 days before requesting a divorce. Or live for at least 10 days in a Michigan county. Continue to reside there. If your husband is still a resident there, you may also petition for divorce there. More than one choice is available. The ideal state to file for divorce depend on the rules of that state. Choose one more suited to your desired outcome. For instance, if you want to bypass a state’s “cooling off” time before a divorce can start.

A spouse may find it difficult or impossible to answer a divorce petition. Respond to the divorce petition within a reasonable amount of time. This is so if you are deployed overseas or even a great distance out of state. A military spouse may request a stay (a stop) in divorce proceedings. They can for as long as they are deployed. Regardless of whether they are stationed across the country or on the other side of the world. The divorce court will almost always approve it.

The divorce process is suspended or put on hold during the stay. The stay lasts for 60 days after the deployed military spouse comes home. No default judgments may be rendered while a spouse is serving in the armed forces. Temporary orders regarding matters like child support or child custody may be made.

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How long will a military divorce take?

The concern about how long a military divorce takes revolves around legal costs. Legal cost builds up as the divorce process moves forward. Your biggest costs will be the accumulating hourly billings. Your frustration builds up too because your lawyer can’t give you a fixed number for the cost.?

When an attorney gives you an hourly rate, they are not addressing the whole price. The attorney gives you the hourly cost. Lawyers bill it when they invest the required amount of time in your case. The amount that will be represented in your legal fees is unknown to your attorney. They are uncertain of the number of hours they will have to put in. They are aware that work doesn’t start until the divorce case’s legal prerequisites are understood.

There will be multiple hearings set, all can be postponed. Before the trial, the case may have been pending for a year or longer. The judge may have had other matters or emergencies that took up more of his or her time. When trials are undertaken, it takes time. The cost of the attorneys’ fees will rise accordingly. Attorneys are unable to estimate the cost of your legal representation. The length of the trial cannot be predicted by the attorneys. The trial duration is affected by various factors. The judge’s time is one of these factors.

There’s also the constant deployment of the military spouse or military parent. Your court hearings will constantly be pending in the event of an out-of-state deployment or overseas assignment. A custody case adds more to the extension of the process.??

The challenges military parents experience were acknowledged by the state of Michigan. The Child Custody Act was amended twice more by the Michigan legislature. Non-military parents can’t request a change of custody. Not under the new law. Especially if the military parent is away on deployment.?

Courts can’t issue further orders on custody. Courts can’t alter a previous order on the child’s long-term custody. The court orders a stay or a stop to proceedings every time the military spouse or parent is on deployment. These stay or stop proceedings extend the divorce proceedings.?It prolongs the proceedings. It adds to the cost of your legal fees.

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Goldman and Associates Michigan Family Law Firm is here to with information about?Child Custody and Divorce in the State of Michigan.