Active Duty Military and Divorce

April 14, 2012
By Anthony F. Perrone on April 14, 2012 8:15 AM |

military divorce.jpgMilitary couples who are facing divorce encounter many challenges unique to military families. It can be almost impossible for an active duty member of the military to sign divorce papers, much less put up a fight for a fair divorce settlement or child custody. In many cases, deployed military members going through a divorce often lose child custody because the nature of their work takes them away from home for long periods of time.

The Washington Post recently highlighted a new bill introduced into the House of Representatives which addresses these situation. The proposed legislation would add a provision to the Service-members Civil Relief Act of 2003 which would (1) prevent judges from considering a parent's military deployments when trying to determine what is in the child's best interest, 2) reinstate pre-deployment child custody status if there was a temporary transfer of custody during deployment.

In order to qualify as protected deployment under the proposed law the length of a service member's deployment must be between two and 18 months and the active duty assignment must be such that family members are not allowed to accompany the service member, such as a combat deployment.

If you are a military member facing an Amelia Island Divorce or Child Custody proceeding, contact an Amelia Island Divorce and Child Custody Attorney today. Being proactive when it comes to your rights is an important step in preserving those rights and making sure a difficult circumstance doesn't become more difficult as a result of your military status.

To read the full text of The Washington Post article click here.