Getting divorced while serving in the military comes with its set of unique challenges that require careful attention. One critical aspect that often raises questions is temporary court orders. Understanding these orders can help protect your rights and interests during this significant life change.
What are temporary court orders?
Temporary court orders are legal rules set by a judge during your divorce. They ensure stability and fairness during this transitional period, especially when you are away on duty. These orders cover four key areas:
- Child custody and visitation: Military obligations can complicate parent-child relationships. Temporary orders set up schedules that accommodate service duties. They might include virtual visitation during your deployments or flexible plans that adapt to changing schedules.
- Financial support: Calculations consider the unique nature of military compensation, including base pay, Basic Allowance for Housing (BAH) and other allowances. This ensures fair support arrangements.
- Property and housing: Orders decide who stays in the family home or how to use your housing allowances. This maintains suitable living arrangements during the divorce process.
- Debt allocation: Temporary orders clarify financial responsibilities during the divorce. They specify who is responsible for which debts, helping protect your credit scores and financial health.
If you get served with these orders while you are on active duty, it is crucial to take immediate action. First, contact your commanding officer or the legal office on base. They can give you some initial advice. Next, seek legal representation from an attorney experienced in military divorces. This focus is vital in managing the complexities of your unique situation. Lastly, if your military duties make it hard for you to deal with the legal stuff, you might be able to delay things using the Service members Civil Relief Act.
Protecting your rights
Remember, these temporary orders are there to protect you. By understanding them and actively participating in the process, you can ensure that your service does not put you at a disadvantage in your divorce. There are special rights and protections for service members like you – do not hesitate to use them.
