Divorce can be a nerve-wracking process. Regardless of how you perceive separation and divorce, splitting with a life partner is often a painful and stressful experience. Also, many people fear they will lose their properties, or that it will ruin their financial situation.
Military divorce may arguably be more complex due to the additional regulations and rules that govern settlements. In this article, we look at some of the mistakes to avoid:
Trying to Hide Assets
Right from the start, commit to being honest about your financial situation and assets. It is not uncommon for people to either want to revenge or to try and anticipate that their partner will cheat during the process. Such ideas can make you feel justified to cheat.
Dishonesty will compromise any agreements that are already in place. Some actions can amount to fraud and could lead to serious criminal charges. At the very least, you could lose ground in your divorce case. Make an effort to be as transparent as you reasonably can, about your transactions, finances, and assets.
Not Anticipating Changes in the Future
Divorce involves splitting the marital properties and obligations equitably. For the process to be successful, you need to take account of your present situation. Always remember that family law gives provision for the review of both your assets, as well as your obligations and responsibilities.
Sometimes changes to your current situation may be overlooked. Events may occur that may force you to change your settlement or arrangements. For example, in a military divorce, a member serving overseas can be exempted from the divorce proceedings. Non-military spouses sometimes overlook such eventualities. It can dramatically change their expectation of the time it takes and what it will involve.
In military divorces, people tend to overlook the following variables.
- Military members undergoing a divorce may fail to specify their spouse’s entitlement to survivor benefits.
- Non-military members without experience, or a military divorce lawyer, may fail to consider how the 10-year-minimum requirement for entitlements, will impact the final settlement.
- Income calculations can be complex, and it is wise to pay attention to how factors such as Hazard Pay and HOLA will impact their final assessment.
- Filing for divorce overseas can complicate the process, as American courts do not recognize family law from other countries. You should consider getting a military divorce attorney to guide you.
Not Complying with Court Orders
Family law is quite clear on separation and divorce. It typically involves the filing of various orders or complaints, depending on your situation. It may include custody, settlement, financial, and restraining orders.
A service member may extend the order to appear for divorce proceedings through a military lawyer. However, they have to prove that you cannot attend due to duty or for other reasons such as illness. There are also exemptions for members of the force serving in other countries.
But it is always important to observe court orders to minimize bottlenecks. You can lose your position and make costly mistakes that will delay your case. Take time to understand the process. Follow the proceedings closely, and make sure you comply with all the requests.
Using the Case to Get Back at Your Spouse
Separation or divorce is an emotional process. Not only do you feel hurt by the spouse, but it can drive a wedge between friends and family members. You can go through a rollercoaster of emotions, from sadness and grief to anger and rage. Making sound decisions throughout the process can be challenging.
There are several things you can do to keep your head while going through a divorce:
- Avoid bad-mouthing your spouse to your children. Talk to adults you trust or consult a qualified counselor.
- Avoid focusing on the past. Be proactive about the future for you and your family’s sake.
- Consult an experienced military divorce attorney who will guide you on how to protect your interests and help you avoid pitfalls.
In Conclusion
There are certain differences between family law for civilians and what applies to service members. Some calculations can be complex, and you should pay attention to the common mistakes that people make during and after the proceedings. Consider consulting a military divorce lawyer for a stress-free process.