No Contact Order

No Contact Order

A military no contact order is comparable to a civilian restraining order. It is issued by a service member’s commanding officer when there have been reports of domestic violence or abuse. If misused, also like a civilian restraining order, it can also be used against a service member to gain the upper hand in custody issues and/or a divorce.

In the civil legal system, a person needs to show some kind of evidence of abuse to be granted a restraining order. That’s not true if the alleged abuser is in the military and the person who claims to be abused makes a report to the commanding officer. The military can take the view that the alleged abused is guilty until proven innocent.

This order requires that the military member can have no contact with their spouse or children without being escorted by someone in their chain of command. Additionally, the service member will be required to move out of their home, and move into base housing on post.

During this period, it is possible for the service member’s spouse to remove their children and belongings from their residence, and even move out of the state. This could have a serious emotional impact on the service member, especially if the abuse allegations are not true. Not following the order could potentially result in a court martial and do serious damage to a military career.

If you’re a military member facing domestic abuse, child custody or divorce issues, contact our office for a free consultation.

 

Military Divorce Rates

Military Divorce Rates

Fewer military spouses are got divorced in fiscal year 2013 compared to prior years, according to an article in the Military Times. The divorce rate for men and women in the services was 3.4%, down a tenth of a percent from 2012. About 7.2% women serving in the military informed the Department of Defense (DoD) they were divorced in fiscal 2013, according to DoD, down from 8% in 2011.

Divorce rates among military members are not uniform, according to the DoD data.

  • While 7.2% of military women reported divorces, only 2.9% of men did the same.
  • Enlisted troops were more likely to get divorced compared to officers, 3.8% vs. 1.9%.
  • The highest divorce rate was among Air Force enlisted members at 4.3%.
  • Those married before 2001 had a higher divorce rate than those married afterward.

A recent study by the Rand Corp. funded by the DoD documented a direct correlation between cumulative time spent on deployment and the chances of a military marriage ending in divorce. According to the report, with military involvement in Iraq substantially curtailed and troops withdrawing from Afghanistan, deployments are less frequent for many service members, so military families should be less stressful than at the height of the Iraq war. The study also suggested that military family programs have improved significantly, which should help married couples stay together.

It’s hard to compare military and civilian divorce rates because the civilian world does not track data like DoD and the military population is demographically very different than the public at large. According to the federal Centers for Disease Control and Prevention, there were 6.8 divorces for every thousand people in the U.S. in 2011.

If you’re a member of the military, or retired from the military, or you’re married to a current or retired member of the military, and you have questions about divorce, contact your office for a free consultation.

 

How Military Divorce Can Affect Couples

How Military Divorce Can Affect Couples

Unfortunately we as Americans are experiencing a steady increase in the rate of military divorces. In the past ten years, starting with the Afghanistan war in 2001 to 2011 the rate of divorce increased from 2.6 percent to 3.7 percent. The honorable act of serving one’s country can often times lead to a strained relationship that ultimately may require a couple to file for divorce.

Many couples, specifically the spouse who remains stateside while the military member is away on active duty, claim there is a lack of expectation when it comes to the realities of a military marriage. Often times an active member may not be able to fully comprehend or explain what the life of a military spouse will be like, or they may be hesitant to reveal the realities of the situation for fear of losing their spouse. The physical and emotional distances can create a void between couples and collectively many needs can feel unfulfilled.

Couples seeking a military divorce should find some comfort in the fact that it is much like a civilian divorce. Although largely regulated by state law, depending where the divorce is filed there may be some federal regulations you must abide by. There are also statues such as the Uniformed Services Former Spouses’ Protection Act, which afford a spouse certain rights and protections, which may be applicable to your military divorce. If you and your spouse are seeking a military divorce contact the Family Law attorney’s at Fischer & Van Thiel LLP to ensure you file correctly in order to sure the most efficient and fast finalization.