What Military Families In Minnesota Should Know About Divorce And Deployment

In this article, you will discover:

• How military deployment impacts divorce proceedings in Minnesota.
• Whether military personnel overseas can file for divorce in Minnesota.
• How military pension benefits are divided in a divorce.

How Does Active Military Deployment Impact Divorce Proceedings?

You shouldn’t initiate divorce proceedings when your spouse has been deployed without first notifying them. That’s not the preferred method. You need to respect that deployment and ensure our service members are aware of what’s coming.

That service member deserves to participate in any divorce proceeding. Even if you could proceed in default, it is advisable to avoid doing so.

Can Military Members Stationed Overseas File For Divorce In Minnesota?

Military members can file in Minnesota from overseas if their domicile is in the state. In other words, if you’re living here, a resident of Minnesota, your spouse lives here, or your children live here, you can file here. However, you would need to satisfy specific requirements so that Minnesota has jurisdiction over the matter.

How Are Military Pensions And Benefits Divided During A Divorce?

For military pensions, the division is similar to the PERA pension division that first responders undergo, using many of the same formulas. Suppose there’s a period during which you were a military member and paid into that pension. If you paid for a shorter period than the length of the marriage, your spouse would only be entitled to a share of the pension based on the period during which you were paying into it.

How Is Base Housing Handled During A Divorce?

Since neither of you owns military base housing, there’s no asset to divide. If you and the other party need to have different housing, that’s something your attorney can work around.

If A Spouse Lives In Base Housing, Will They Be Forced To Leave The House In The Event Of Divorce?

Perhaps, though this depends on the circumstances. You must be married to live in base housing. If you’re not married, then you’ll need to find another place to live.

Can PTSD Or Service-Related Trauma Affect Child Custody In Military Divorces?

It depends on what behavior you’re seeing as a result of those diagnoses. Diagnoses alone do not affect custody, and there has to be more at hand than just the medical diagnosis.

Specifically, if there are noted behavioral issues resulting from those diagnoses, this can become a problem. For example, if the parent can’t get out of bed, can’t parent the child, or can’t function as a result of PTSD or trauma, that can affect child custody.

What Do You Recommend Military Couples Do Before Filing For Divorce To Protect Themselves And Their Children?

Deployment is a big issue for many military families. There are some temporary and emergency measures we can put into place if we need to protect your children. Otherwise, we must ensure that we have jurisdiction over the matter in Minnesota.

Other measures would depend on the location of the military member. We don’t want to put your spouse at a legal disadvantage because they’re a member of the military on deployment. If you have any concerns, fears, or questions with regard to your spouse, your best option is to speak with a family law attorney who is experienced in handling military divorces.

Still Have Questions? Ready To Get Started?

For more information on military divorce in Minnesota, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (763) 270-1571 today.