Military service puts pressure on marital relationships in unique ways. One spouse may have a very demanding schedule. Their career path can make family life unpredictable. Frequent relocations, isolation from extended family and even secrecy can negatively impact marital relationships.
If military couples divorce, the location where they currently live determines what laws apply. Contrary to what many people believe, military law does not govern divorces involving military professionals. Instead, state statutes in the relevant jurisdiction determine how the courts handle divorce issues.
That being said, there are certain special rules and considerations that can affect the outcome of military divorces in any location. If there are minor children in a family, there are a few unique considerations that the family may need to integrate into their custody negotiations.
The need for virtual visitation
Irregular schedules, field training and deployment could all prevent a parent from physically spending time with their children. As such, custody orders for military families frequently need to include provisions for virtual visitation. The servicemember parent can use video calls and similar technology to maintain their connection with their children. Establishing rules for when and how a service member communicates electronically with their children can help them preserve their bond with their children even during lengthy separations.
Unpredictable schedules
Military couples may also need to address the possibility of training or deployment interrupting their typical parenting plan. They may need to have an alternate arrangement in place or special rules for make-up parenting time after temporary, service-related interruptions in the parenting schedule. It can be very difficult to plan for specifics preemptively, so parents may need to agree on broad rules for addressing deployments or training and then negotiate arrangements based on the specifics as they arise.
The possibility of relocation
A military parent may end up transferring to a different base at any time. The non-military spouse may want to move closer to their family to secure support after the divorce. Parents may need to plan ahead for the possibility of a future relocation that could complicate shared custody arrangements.
Servicemembers can typically seek shared custody during a divorce despite the demands of their careers. With that said, learning more about how to manage the special considerations of a military divorce can be beneficial for servicemembers and their spouses.