How Is Military Family Law Different From Civilian Law in Kentucky?

If you or your spouse is a member of the U.S. military, you may be asking, “How is military family law different from civilian law in Kentucky?” Family law issues will have farther-reaching implications for military service members and their families than they would for nonmilitary personnel. This may sound alarming or restricting, but military personnel and their spouses are offered more protections and resources for family law proceedings.

Regardless, family law issues can be complicated when military involvement is factored in. To demonstrate the differences between military and civilian family law, consider these practice areas:

• Divorce
• Child custody
• Modifications

Civilian Divorce in Kentucky

A civilian divorce (or a nonmilitary divorce) can be filed two months after you have begun a period of separation. This separation does not require you to live separately from your spouse, only that you have not had “sexual cohabitation” for at least 60 days.

After this period of separation, you can file for divorce. There are two types of divorce you can file for in Kentucky:

• Contested divorce – This occurs when two spouses cannot agree on the terms of their divorce before filing. You will also have to create a Summons for your spouse and serve them papers to begin the process.
• Uncontested divorce – In these cases, both spouses have already agreed on the terms of the divorce. Unlike many other states, there is not a simplified process to file an uncontested divorce. However, it may still be quicker and less costly to file an uncontested divorce if you can.

How Does Military Service Impact Divorce?

Active military service can prompt a number of delays in divorce proceedings. To enable service members to devote their attention to their duties, they can place a 90-day stay on court proceedings, which can prolong the divorce process.

Other aspects that may be involved in or affected by military family law cases include:

• Jurisdictional differences
• Serving divorce papers
• Attending court hearings

You may also be impacted if you were expecting to receive military retirement benefits through your spouse.

The Uniformed Services Former Spouses Protection Act (USFSPA)

The USFSPA dictates how much the former spouse of a military member is allowed in benefits. Its terms are dependent on:

• The length of the marriage
• How much the marriage overlapped military service
• Whether benefits were awarded as part of alimony or child support

Child Custody Arrangements in Kentucky

Child custody arrangements are complicated matters, even without the involvement of military parents. Three issues you must factor in when creating an appropriate child custody arrangement for your child are:

• Primary custody – Normally, one parent will have primary custody of a child, and the other may have visitation rights
• Visitation schedules – During mediation, you can decide how frequently the other parent will be allowed to see or care for the child
• Potential modifications – The needs of the child can evolve with age. Attorneys plan for flexibility in child custody arrangements, and modifications can be requested at any point

How Does Military Service Impact Child Custody?

When considering child custody arrangements within military families, flexibility is ideal. The ever-changing nature of military service can make fixed terms for child custody arrangements unreliable. Many custody arrangements involving parents in the military operate on a contingency basis, in which the terms of the agreement are contingent upon the active member’s presence. Custody arrangements can also be temporary.

Three Types of Custody Adjustments for Military Families

For military families, relocation is often necessary. This can make permanent custody arrangements challenging to facilitate. To adapt to the changing nature of military service, you are allowed several types of modifications to make sure you are allowed time with your child.

• Communication arrangements – To maintain contact with your child while you are traveling, communication arrangements can be made to connect with the child through methods like video chats, emails, and phone calls. These should be consistent to reassure the child that they are not forgotten.
• Contingency plans – Contingency plans can make sure immediate care is available if the military parent is summoned away unexpectedly. Family courts prioritize the needs of the child, and contingency plans are useful to minimize the amount of disruption endured by the child.
• Reintegration – Adjustments can be made to custody agreements upon the return of a parent from a deployment to help reintegrate them into the child’s life.

FAQs

Q: How Is Military Law Different From Civilian Law?

A: Military law is different from civilian law in several ways. In addition to family law differences, there are distinctions in criminal proceedings and benefit collections. One critical difference in military family law is that military families are allowed legal counsel provided by the military free of charge. However, it is entirely up to you if you would like to hire alternative legal representation.

Q: Is Military Divorce the Same as Divorce in Civilian Law?

A: Military divorce covers many of the same tissues that civilian divorce does. However, there are additional factors you must consider when you or your spouse serve in the military. For example, if you are planning to receive military retirement benefits through your spouse, you may only qualify for a small percentage of them. Child custody arrangements can also be greatly impacted by military divorce.

Q: What Property Are Spouses Entitled to in a Divorce in Kentucky?

A: When property is being divided during a divorce, assets are meant to be split equitably. Equitable division of property is not necessarily equal; this ensures a fair outcome and prevents lower-earning spouses from being disadvantaged. If one spouse earns significantly more money than the other, they may be required to pay spousal support to the lower-earning spouse to ensure their financial stability during and/or after the divorce.

Q: Is Kentucky a No-Fault Divorce State?

A: Yes, Kentucky is a no-fault divorce state. In a no-fault divorce, it is not required for either or both parties to state a reason for their divorce other than the marriage being irretrievably broken. Kentucky will not recognize fault as grounds for divorce, no matter how poor your spouse’s behavior is. Filing for a no-fault divorce is not the same as filing for an uncontested divorce.

Schedule a Consultation With a Family Lawyer in Kentucky

If you are unsure whether your family law issue warrants legal counsel, contact a seasoned family lawyer from Michael J. Thompson, Attorney at Law, today. We have extensive experience with civilian family law and military family law. We can assess your situation together and decide what kind of action can benefit you.