When a couple decides to divorce, military service often presents unique challenges, deployment can add an additional layer of difficulty. Deployment can influence various aspects of a divorce agreement, such as custody, visitation, and financial arrangements. Military families are often required to address these concerns with flexibility while adhering to legal frameworks that apply to service members. In this post, we’ll examine how deployment can affect divorce agreements and what service members and their spouses should consider. To address these issues effectively, working with a Tampa, FL military divorce lawyer can help clarify your rights and options.
Custody And Visitation Considerations
Deployment can significantly impact child custody and visitation arrangements. Courts often prioritize the best interests of the child, which includes maintaining a stable environment. For military parents, deployment schedules can make it challenging to adhere to standard visitation plans. Virtual visitation, such as video calls or regular phone check-ins, is often included in agreements to support the parent-child relationship during deployments. It’s also important to establish contingency plans for custody transitions in the event of sudden orders or extended deployments.
Adjusting Financial Support During Deployment
Deployment can affect a service member’s income, which may influence alimony or child support payments. Some service members receive additional allowances while deployed, such as hazardous duty or combat pay, which could impact support calculations. Both parties need to communicate about changes in financial circumstances and document them to update the court as needed. Clarity in financial agreements can help minimize misunderstandings and keep support consistent for all involved.
Addressing Relocation During Divorce
Deployment often requires relocation, either for the service member or their family. For a divorcing couple, this raises questions about jurisdiction, custody, and visitation rights. Relocation can complicate access to children and create challenges for maintaining shared custody agreements. Provisions for temporary custody or modifications in visitation schedules should be included in the divorce agreement to address these situations proactively.
Legal Protections For Deployed Service Members
Federal laws, such as the Servicemembers Civil Relief Act (SCRA), protect service members from certain legal actions while on active duty. For example, courts may grant temporary stays on divorce proceedings if deployment interferes with the ability to participate fully. This ensures that deployed service members have adequate time to address legal matters upon their return. Both parties should be aware of these protections and how they might influence the timeline of their divorce.
Tailoring Agreements To Deployment Realities
Divorce agreements for military families should anticipate the potential challenges posed by deployment. By incorporating flexible provisions, such as make-up visitation schedules and clear guidelines for communication during deployment, both parents can maintain their relationships with their children while meeting their legal obligations. Collaborative planning is key to creating arrangements that serve the interests of the family.
Moving Forward With Confidence
Deployment is a reality for many military families, and its impact on divorce agreements requires careful planning and clear communication. Addressing custody, financial support, and relocation matters upfront can make these transitions more manageable for everyone involved. Attorneys at The McKinney Law Group have over 18 years of experience and can help military families face these situations effectively. Contact us today for a free consultation to learn how we can assist with your unique needs, or schedule a consultation to discuss your case with a trusted legal professional.