Although you may think that a spouse being in the military may complicate getting a divorce, the state of North Dakota has laws to address the situation. The laws protect active duty military from “defaulting” on a request for a divorce and from being divorced without knowledge of it. However, with the help of a divorce attorney, you can properly divorce a spouse who is in the military.
Requirements for Divorce
To file for a divorce from a military spouse in North Dakota, you or your spouse must:
1. Be a resident of the state.
2. Be stationed in the state.
The legal grounds for a divorce are the same as they are for a civilian divorce. You can either file for a “no-fault” divorce based on irreconcilable differences or based on “fault.” The reasons for a divorce based on fault include:
1. Adultery
2. Extreme cruelty
3. Willful desertion
4. Willful neglect
5. Alcohol or drug addiction
4. Conviction of a felony
Divorce lawyers in Fargo, ND can help you determine whether to file a no-fault or a fault divorce.
Division of Property
It’s important to note when seeking divorce from a career military spouse, divorce lawyers generally will not seek part of his or her retirement benefits unless you’ve been married to him or her for 10 years while he or she was on active duty. This is a federal regulation under the Uniformed Services Former Spouses’ Protection Act. However, Fargo divorce lawyers can help you seek support for yourself and/or your children together.
Child Custody
The only difference in child and spousal support is that the military spouse’s obligation to pay support cannot exceed 60% of his or her pay. Divorce lawyers can help you seek a proper amount of support for your children as well as yourself from your spouse if he or she is still in the military. While getting a divorce may not be easy, it is possible.
