What are the rights of a non-military couple in divorce?

On Behalf of | Aug 3, 2021 | Divorce

When a military couple decides to divorce, their affiliation with the U.S. military may make the process more challenging. Federal law may dictate what decisions are made, even as the law in Florida may also apply.

The Servicemember’s Civil Relief Act (SCRA) protects service members who are on active duty in all branches of the military. It was designed to protect the service member against default judgments. A default judgment is simply a decision that is made to benefit either the military spouse or the non-military spouse. If either party failed to take a required action, the judge may make the decision for a default judgment, which may favor the other party.

Divorce is a private matter, not a military one

The military wants military couples who are going through divorce to handle this private matter in a civilian court. A legal assistance attorney may provide usable advice on child custody and alimony.

To prevent a conflict of interest, both spouses should hire their own attorneys to represent them in court and give them guidance. Both attorneys may want to be sure that their clients receive the best legal advice available  By seeing separate lawyers, the spouses may also receive confidential advice which helps them to make decisions that are in their best interests.

Can the non-military spouse see a military legal assistance attorney?

While a legal assistance attorney may not be able to represent the non-military spouse, they are able to offer guidance. They may also be able to refer the non-military spouse to a civilian attorney, who may be able to represent them through the divorce. Legal assistance attorneys’ communications with their clients are required to be confidential and private.