Soldiers and Military Divorce in Spartanburg
If you are a member of the military, and your spouse files for divorce, many of the proceedings in South Carolina will be the same as civilian proceedings. For example, grounds for divorce are the same for civilians as for soldiers. However, there are some differences in the divorce proceedings, and if you are a serviceman or woman then it will be important to understand your rights during a divorce.
For example, if you are on active duty and are overseas, while your spouse resides in South Carolina, there are protections for you to prevent “default” divorce. Your divorce proceeding can be postponed for the entire time you are on active duty, so that you can be present to argue your rights in court during the divorce. You do not have to just go along with the process while also trying to serve your country.
South Carolina Military Divorce Proceedings Matter
Along with specific South Carolina property division laws, the federal government also protects military servicemen and women during divorce proceedings. The Uniformed Services Former Spouses’ Protection Act (USFSPA) governs how military retirement benefits are calculated when a service member faces a divorce. Only if the couple was married 10 years or longer would the former civilian spouse be entitled to any of the military benefits.
In addition, child support and alimony payments from military spouses to civilian spouses may not exceed 60% of the soldier’s pay or allowances for service.
I Am Going Overseas for Military Service but My Spouse Has Filed for Divorce
If you and/or your spouse reside in South Carolina, and one of you is on active duty with a branch of the military, divorce proceedings will complicate not just your relationship, but your service. However, as a member of the military you have rights in South Carolina. The South Carolina divorce attorneys at the Strom Law Firm can help. We are waiting to help protect your rights—call us to schedule a case evaluation today.