Charleston SC Military Divorce Lawyer
People who are serving our country deal with many challenges, and when they decide that they would like to file for divorce their service can indeed provide some obstacles. When you hear the term “military divorce” you may get the idea that service members go through some type of military court or that the matter is handled differently. This is not the case. If you want to file for a divorce in the state of South Carolina and you are in the military you go through the Family Court in the county where the filing took place just like civilians.
One of the things that can make a divorce action more difficult for members of the armed forces is the matter of residency. People who are in the military rarely serve in their hometowns, and they may or may not want to make a permanent home in the place they are stationed in even if it is in the United States. They are also subject to transfers and deployments at any time, and if both the husband and the wife are serving and stationed in different places the matter of residency is even more complicated. Due to this transience it can be hard to know where you should file. According to the Code of Laws of South Carolina, if one of the parties involved lives out of state, the other must have lived in South Carolina for at least a year to meet the residency requirements for filing a divorce petition.
There are also family issues related to military service that can get rather hard to untangle from a legal perspective. For example, let’s say Mary and Joe are divorced, Mary has custody of their children, and Joe pays child support. If Mary is deployed to a war zone and asks Joe to care for the children, must she pay child support? If she does and she defaults while serving in Afghanistan, what recourse does Joe have? When Mary returns, does she immediately assume custody again? These are the types of questions that make family law matters involving members of the military a bit more complicated at times.
If you have legal questions about military divorce and related family issues involving the military, contact an experienced Charleston SC family lawyer to arrange for a consultation.