Depending on the circumstances of where you are living, the military may cover the costs of moving after a divorce. If the military won’t cover the costs, you can negotiate moving costs in your divorce agreement.
The attorneys at Charlotte Christian Law have handled many military divorce cases and understand how they are different from civilian divorces. We will advocate for you to include moving costs in your agreement if the military will not pay for your move. Our attorneys will handle the legal matters so you can focus on moving on with your life.
Effects on Housing After a Military Divorce
In many cases, military members live on a military base in housing provided by the military. During divorce proceedings, the family can stay in the house. Once the divorce has been finalized, however, the family will typically lose installation housing within 30 days if the military member moves out of the home.
Who Pays for the Non-Military Spouse’s Moving Costs?
If the non-military spouse is living in an overseas duty station, in some cases the military will pay for their expenses to move back home. If the move is in-state, moving costs are usually the responsibility of the divorcing parties. In this case, it is important to have moving costs included in the divorce settlement agreement. A military divorce attorney at our firm can negotiate moving expenses during divorce proceedings.
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Your Rights During a Military Divorce
Your rights during a military divorce depend on whether you are a service member, or you are seeking divorce from a service member.
Your Rights as a Service Member
The Servicemembers Civil Relief Act was designed to protect members of the military while they are on active military duty. In a civilian divorce, the spouse who has been served divorce papers has to respond within a certain timeframe. In the military, servicemembers can delay the proceedings if they are on active-duty service.
The amount of time the divorce proceedings can be delayed depends on the longevity of the servicemember’s assignment. The length of time needs to be communicated to the court, and the judge will then determine if the delay is granted.
If you are a service member, an attorney from our firm will ensure your rights are protected throughout a divorce. We can help you seek a “stay,” which will temporarily stop the divorce proceedings.
Your Rights as a Non-Military Spouse
The Uniformed Services Former Spouse Protection Act was designed to protect non-military spouses. This law provides certain benefits to the former military spouse once a divorce is finalized.
A former spouse can continue receiving medical, commissary, and exchange benefits if they meet certain criteria and do not get remarried. The requirements that must be met are known as the 20/20/20 rule and include:
- The former spouse was married to the servicemember for 20 or more years at the time of the divorce.
- The military member has completed 20 or more years of service.
- The former spouse was married to the servicemember for 20 or more years while they were in the service.
The overlap of the marriage and service needs to be 15 or more years for the former spouse to receive medical benefits. This is known as the 20/20/15 rule. Under the 20/20/15 rule, former spouses can receive medical benefits for a limited time but do not continue receiving commissary or exchange privileges.
The attorneys at Charlotte Christian Law have handled military divorce cases in the past and can explain the details and how they pertain to your situation, including cases where both parties are members of the military.
A Military Divorce Lawyer Can Help
At Charlotte Christian Law, we give each case personalized attention. We will be by your side throughout your entire case with legal guidance and strong advocacy. Our attorneys will bring skill and commitment during the negotiation process to ensure you receive a fair settlement, including the cost of moving after your divorce. We have saved clients millions of dollars in past settlement agreements.
A military divorce is more complicated than a typical civilian divorce. It is important to choose an attorney who has handled these types of cases before and knows what legal barriers could arise. If your legal residence is in Alabama, we can help.
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Our attorneys will look at the circumstances of your case and help you determine if the military will pay for your moving costs. If they will not cover the moving costs, we will fight for you to receive funds for the costs of moving in your divorce agreement.
Contact Charlotte Christian Law today for a consultation with one of our team members. We will discuss the circumstances of your case and answer your questions. Our attorneys are set apart from our peers because of our proven track record of exceeding expectations. We work in family law because we enjoy helping others become whole again.