In a military divorce, the nonmilitary spouse likely has not worked outside the home or possibly only held down part-time employment in order to accommodate the lifestyle with moves and lengthy deployments.

On the one hand, nonmilitary spouses often struggle to find employment because of those factors. On the other hand, they can frequently build strong cases for child custody. After all, the military professional’s frequent deployments may make child care complicated if not impossible.

Considering the Best Interests of the Child

The judge will consider what’s in the best interests of your children. If he or she determines that military-related moves could hurt the children emotionally and socially or disrupt schooling, sports, medical treatment or other activities, the judge might award custody to the parent who is less likely to move.

Special Considerations

Since both parties understand the need for cooperation in the event of sudden deployments, they should work with a knowledgeable family law attorney who can provide them with good advice on how to proceed.

Similar to a civilian divorce, a military custody plan should consider diverse factors, such as:

•    The age of the children
•    The possibility of deployment and a plan of action
•    A plan of action for a return from deployment and
•    Visitation in the event of a stateside or international deployment.

In addition, assess the custody plan according to the age of each child and future considerations. You might need to make adjustments based on a different job, remarriage or other relevant criteria.

Collecting Child Support

In some cases, the parties will need a temporary order to address the payment of daily expenses during the separation until the divorce is finalized. Both parents must support their children, and the court will consider the following factors when ordering payments:

•    The number of children
•    Any special needs
•    Shared custody arrangements
•    The number and frequency of overnight visits with the non-custodial parent and
•    Other relevant factors.

The military enforces the collection of child support via the following methods:

•    Wage garnishments
•    Voluntary or involuntary allotments and
•    Court orders.

Addressing Custody Matters in Your Military Divorce

Due to the relocation of military parents, custody issues can lead to especially sensitive conversations and debates. Our experienced and skilled family law team can suggest solutions; call us for help at 763-323-6555.

Just as finances can be a major source of contention in a marriage, they can be even more so during a divorce. Disentangling your ex-spouse’s finances from your own may be no simple task, especially with shared assets like home and vehicles, or with shared debts. This process can be even more complicated with an uncooperative ex, or one who happens to be fiscally irresponsible.

You might be tempted to avoid or procrastinate the task of financial disentanglement, but resist this temptation to protect both your assets and your credit. Some of the details of dividing larger assets will obviously be worked out during the divorce settlement negotiations, but for now, here are some steps you can take now to begin disentangling your ex-spouse’s finances from your own.

Set up your own bank accounts

If you haven’t done so already, open up a basic checking and savings account in your own name, and start paying bills and depositing paychecks into that account. If you still hold joint bank accounts with your ex, close these accounts as soon as possible, but do not attempt to withdraw funds without talking to your divorce attorney first, as these funds may be restricted until a divorce settlement is reached. When it comes to your own income, however, you should gain sole control of these funds as quickly as possible.

Separating credit card accounts

For any revolving credit card accounts you share with your ex, take these steps now to begin the disentanglement process:

•    Close any joint credit cards you have with your ex-spouse as soon as possible. This protects you from being held responsible if your ex decides to go on a shopping spree.

•    De-authorize your ex on any credit cards for which you are the primary cardholder.

•    Disentangle from joint cards with existing balances by opening up new cards separately and performing balance transfers. You and your ex will need to agree to how much of the debt each of you should pay, but once that’s decided, transferring those balances to your own individual credit cards will start the process of separating your shared credit history—plus, you won’t have the added worry of making sure the joint cards are being paid on time.

For larger assets like homes, cars and shared business interests, disentangling your finances will be a more complex matter reserved for the divorce settlement negotiations. But taking steps now to separate finances on a smaller scale can help you get a head start on financial stability as a single person.