Military Divorce in Hawaii – Oahu
Honolulu HI Military Divorce Lawyers – Pearl Har
Fort Shafter, Hickam Air Force Base, Kanoehe Marine Base, Scofield Barracks, Tripler Medical Center, Wheeler Airfield, and other United States military bases and facilities on the island of Oahu.
Military Divorce & Related Family Issues Involving the Military
There are people who mistakenly think that a “military divorce” somehow has to be approved and granted by the military, but this is simply not the case. People who are serving our country in the armed forces have to go through the same civil proceedings that civilians are subject to, but there are indeed some complexities that apply to people serving in the military that civilians do not have to address. For this reason it is always a good idea to retain the services of a Honolulu divorce lawyer who has a history handling military divorce cases to make sure that your interests are being advocated properly. “Going it alone” when you are engaged in any legal matter is rarely a prudent course of action, but it is especially risky in military divorce cases.
The single most significant issue that makes military divorce cases more complicated than others in many instances is that of residency. Title 580 of the Hawaii Statutes states that one or both of the individuals who are involved in the divorce proceeding must have resided in the state of Hawaii for at least six months prior to the filing. The statute specifically mentions that military service members are subject to this same stipulation. As we all know, people who are in the service are often transferred, and they are sometimes deployed overseas in war zones. This can cloud the matter of residency when one half of the couple is serving, but when both partners are in the service, it can get even more difficult to establish residency.
Some of these logistic difficulties that members of the military face when they are serving have been addressed by the passage of the Servicemembers Civil Relief Act in 2003. This act states that people who are serving in the military are not required to respond to civil actions while they are on active duty, and even for a period of 30-90 days after they have been discharged. This applies to divorce proceedings, so essentially, if you are on active duty you can’t be divorced until you are discharged if you choose to exercise your rights under the SCRA (this is at the discretion of the jurisdictional court).
Matters of military divorce and related family issues involving the military can be complex, so it is alway advisable to engage the services of a Honolulu HI divorce lawyer to help guide you through the process.