Columbus, Ohio Military Divorce Attorneys
If you are seeking a divorce or marriage dissolution in the state of Ohio, or in the city of Columbus, Ohio, then you should know that the rules for ending a marriage while in the military follow a different path than it does with regular civilian divorce proceedings.
Although the differences between a civilian and military divorce are minimal, one of the main issues is in which state the divorce is being filed. When filing for divorce in Ohio, then Ohio divorce laws apply, even if one or both of the spouses are currently serving in the military, or have been a member of the military at one time. Keep in mind however, both state and federal statutes need to be adhered to. The divorce can be filed in the state which either spouse resides, or where a spouse is currently stationed in the military (if stationed in the U.S.A.). If you are stationed overseas, it is recommended that you contact a divorce attorney in the states, rather than attempt to use a foreign legal service - whether you are filing for a divorce, or your spouse has done so.
Our divorce attorneys are well versed in the military justice system.
A military member may have certain assets, savings, retirement plans, pension etc. in connection with the military and the armed forces. The distribution of various assets related to military service are vital when determining the outcome of the division of equity in regards to assets that have been accumulated, or that will continue to accumulate if an ex-spouse continues to serve in the military. Child support and spousal support (alimony) are other financial considerations that need to be considered.
Another factor to recognize is child custody and child visitation rights, especially since members of the military can be called to deployment or a temporary assignment at any time. You want to make sure that your rights are considered during divorce proceedings, that your children’s well-being is taken care of, and that you, as a parent, can be called away at any time, or be stationed in another state entirely from where you children are residing. Our divorce attorneys are both knowledgeable and experienced in dealing with divorce proceedings in Columbus and Ohio.
Divorce vs. Marriage Dissolution
The difference between a marriage dissolution and a divorce for military members can be quite stark.
In general, a marriage dissolution is considered a ‘no fault divorce’, meaning that the grounds for ending the marriage is not based on the fault of either spouse, but rather is agreed to by both parties in a more conciliatory way. When obtaining a marriage dissolution, both spouses are agreeing to separate from the marriage in agreeable terms and division of assets.
We handle Ohio divorce and marriage dissolution proceedings for military members including:
Learn more about divorce in Ohio.
If you are in need of an Ohio or Columbus divorce attorney, contact our law office for a confidential divorce consultation today.
Ohio Military Divorce FAQ
What is the Servicemembers Civil Relief Act?
This Act gives certain protections to military members and reservists including protection from home eviction, a cap on interest rates etc. Read more at: Servicemembers Civil Relief Act.
What if I’m currently overseas, can I still file for divorce?
It’s best to file for divorce in the U.S., rather than filing in a foreign country. Contact a local attorney in the state you wish to file to begin divorce proceedings, or in the state which your spouse has filed for divorce, rather than trying to use an attorney who practices outside the U.S.A.
I’m currently in the military. Can my spouse file for divorce without me knowing?
Although your spouse can file for divorce at any time, you have the right to be told legally. According to the Soldiers and Sailors Civil Relief Act, if you are on active duty then you have the length of your deployment, plus 60 days, before you may be required to respond to a divorce action. Check with your lawyer to be sure.
What are the grounds for divorce in the state of Ohio?
Already married to another
Fraudulent marriage contract
Imprisonment by spouse
Absence from the marriage for 1 year or more