Resolving family legal matters: more complex than you realize
Members of the military are used to having and following orders. They follow routines and strict schedules; they prioritize speed and efficiency when it comes to getting things done. These skills and behaviors can be critical in military endeavors, but they can actually work against a person when it comes to something like divorce.
If you or your spouse is in the military and you are going through a divorce or trying to resolve another type of family legal matter, you need to prepare for the fact that the legal process is not as regimented and orderly as you might hope for or expect.
For example, let’s consider division of property. It might seem easiest to just add up marital assets and divide them in half or equitably. However, in reality, the process is very intricate. You and your soon-to-be ex might disagree on whether certain assets are marital or separate; you might have a prenuptial agreement in place; one person might value an asset much higher than the other person might; you may have to take debts and future earnings into account.
Additionally, there are many different ways to resolve family legal matters, from mediation to litigation. Finding the right avenue will depend on specific elements like amicability, sophistication of assets, goals for child custody and the emotional state of the people involved. The resulting settlement or order will therefore depend heavily on the details and unique interests of the individuals involved.
Further, military divorces differ from civilian divorces in many ways, which only adds another layer of complexity. There are different rules for where and when you can file for divorce, which assets may be eligible for distribution and how issues like child custody will be assessed.
With all this in mind, it can be very frustrating for someone who is used to strict schedules and procedures to navigate these situations alone. Even if you aren’t in the military, the fact that there is generally no one right answer to these complex issues can prove to be overwhelming. It is for these reasons why it can be critical to have the support and experience of an attorney by your side.