In Kansas, all active military personnel are protected under federal law in divorce proceedings. The Soldiers and Sailors Civil Relief Act imposes some restrictions in divorce proceedings. These restrictions are used to protect the legal rights of all active-duty service members. The following are frequently-asked questions directed at an attorney in Manhattan, KS about these proceedings.
Can a Petitioner Serve the Divorce Papers to an Active Duty Military Spouse?
Yes, they must send the divorce summons to their spouse via an authorized member of the court. They cannot send the divorce summons through the military member’s commander. A member of law enforcement–typically a sheriff’s deputy or a court clerk–is needed for this task. Additionally, they must live in the state or Kansas or be stationed in the state currently.
What Happens If the Service Member Is Deployed?
Federal law prevents a petitioner from acquiring a divorce without the service member’s acknowledgment when they are deployed. This indicates that unless the military spouse signs a waiver signifying their approval of the divorce proceedings, the petitioner cannot acquire a divorce just yet. The service member can postpone the divorce action for the full extent of their deployment. They can additional postpone the proceedings for an additional sixty days after they return.
What Grounds Are Available in Kansas?
The most commonly used grounds in the state are incompatibility, failure to fulfill marital obligations, and mental incapacity. The state doesn’t utilize abandonment or desertion as a divorce ground. However, in extreme cases, they may allow domestic violence to be used.
Can the Former Spouse Claim an Entitlement to Retirement Funds?
Federal laws apply to all military-based retirement funds. If the couple was married at least ten years, the former spouse is entitled to fifty percent of the retirement benefits.
In Kansas, all active-duty members retain the right to protection in divorce cases. When these service members are deployed, their spouses cannot take advantage and acquire a divorce without their approval. These actions are secured under federal laws and prevent major losses for these military spouses. Active-duty members who need legal assistance from an attorney in Manhattan, KS contact Oleen Law Firm or visit website now.
