Delaware Military Divorce Law

Military Divorce specialists with OVER 63 YEARS of experience.

Military Divorce Attorneys in Ohio

Military personnel and spouses of military personnel who are seeking a divorce or dissolution have unique and complex circumstances and need the assistance of an experienced attorney. In military divorces, it is critical to understand the various compensation levels and benefits of the parties.

The Delaware divorce lawyers of the Lawrence Law Office offer our clients more than 20 years of legal experience including military family law issues. They are dedicated to efficiently guiding their clients through the divorce process quickly while protecting their assets. We are familiar with the military benefits structure and know what benefits can be divided and what benefits cannot.

If you have been married for 10 years or longer, you may be eligible for additional benefits, contact Lawrence Law Office today to learn about your rights.

The division of military retirement benefits is complicated and should not be done without the assistance of an attorney. Important aspects that need to be understood include:

• Cost of living adjustments (COLA)
• Court Order Acceptable for Processing (COAP)
• Survivor benefits
• Promotion structures
• Value of marital assets

Military Divorce in Ohio: Can You File Without Being Present?

In Ohio, the legal process for obtaining a divorce typically requires both parties to be present, either in person or through their attorneys, for certain aspects of the divorce proceedings. However, if you find yourself in a situation where you cannot attend in person, such as being stationed outside the state or country, there are options that allow you to file for divorce without being physically present in Ohio. This can be particularly helpful for individuals on active military duty or those with significant travel or personal constraints.

Standard Divorce Process: Both Parties Must Appear

Under Ohio law, if both spouses are in agreement regarding the divorce terms, it is possible to file for dissolution, which is the closest alternative to a no-fault divorce. In a dissolution, both parties must file a petition with the court and agree on all major issues such as property division, spousal support, and child custody. After the petition is filed, both parties must appear in court for the final hearing to finalize the dissolution. This means that unless both parties are present, the dissolution cannot be finalized.

Even though both spouses may not need to attend every step of the divorce process, such as discovery meetings or consultations, they must attend the final hearing to ensure that the judge approves and formalizes the terms of the divorce agreement. Failure to attend could result in delays or the need for a new court date, which can be inconvenient and costly.

Uncontested Divorce: A Different Path

An uncontested divorce is another type of divorce option where both parties agree on all major aspects of the divorce, including property division, child custody, child support, and spousal support. In this case, the spouses do not need to appear in court at the same time. Instead, they can submit their agreement to the court for approval, and in many cases, only one party will need to attend the final hearing. This makes it an appealing option for those who prefer to avoid the formalities of a contested court battle.

If both parties can come to an agreement on the terms of the divorce, they can proceed with the uncontested divorce process. However, there are still key aspects of the divorce that must be addressed in the written agreement, and a judge will review the paperwork to ensure that the terms are fair and in the best interest of any children involved.

Active Duty Military Members and Ohio Divorce Law

For individuals who are serving on active military duty, Ohio offers an important exception in the form of the ability to file for an uncontested divorce without having to be physically present in the state. Military service members who are stationed abroad or stationed in another state can still file for divorce under Ohio law, provided the spouse agrees to the terms.

This exemption acknowledges the unique circumstances military members face and allows them to proceed with a divorce while fulfilling their duties without additional stress or logistical challenges.

In an uncontested divorce for military members, both parties are still required to agree on all of the issues that typically arise in a divorce. This includes:

• Property Division: Deciding how assets and debts will be divided between the two spouses.
• Child Custody and Support: Agreeing on custody arrangements, visitation schedules, and the financial support for the children.
• Spousal Support: Determining if one spouse will pay alimony or spousal support.

Once the parties have come to an agreement on these matters, the divorce can be filed, and only one party may need to appear in court to finalize the proceedings. This provides relief for military members who are unable to attend a divorce hearing due to their active-duty status.

The Flexibility of Ohio Divorce Laws for Active Military Personnel

While Ohio law generally requires both spouses to be present for the final divorce hearing, exceptions are available, particularly for those on active military duty. If the divorce is uncontested, active duty service members can file without having to be physically present in Ohio, provided they and their spouse agree on all terms of the divorce.

For those who are stationed far from Ohio or unable to attend due to military obligations, this can significantly streamline the divorce process and allow them to move forward with their lives.

If you are in this situation, it is always wise to consult with a local attorney who is familiar with Ohio divorce laws and can guide you through the process, ensuring that your rights and interests are protected, no matter where you are located.