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Similarly, if they have a “separation agreement,” it just shows that they are currently separated and have made some agreements to help spell out rights and responsibilities during this time period.
If the couple decides to legally separate or divorce later, they may be able to incorporate their separation agreement into a judgment of legal separation or divorce.
Therefore, it is essential to hire a civilian divorce attorney who is an expert in local family law matters.
There are a few extra complications military personnel (or those married to military personnel) have to consider when getting divorced.
People often confuse being separated with a legal separation.
Provide an Active Duty Force to support all missions of the Service.
The only sure way to avoid a criminal charge of adultery under the UCMJ is to wait until a state court grants you a final divorce decree, thereby making you “single” again.
Military divorce and separation issues are fairly complex because they may be governed by a combination of military codes, state divorce laws and Federal statutes.
When it becomes clear that the separation is going to last for some time or that the next likely step is divorce, a couple may enter into a “separation agreement,” which is a written agreement that spells out how the couple wants to handle certain issues during their separation, including child custody and support, alimony payments (if any), and the division of property.
Being separated, or entering into a separation agreement, does not mean that a couple is no longer married, is “legally separated,” or “divorced.” It just means the couple is currently separated.