Legally, the military personnel who are becoming divorced are not any different than anyone else, therefore the procedural process is the same. But if you’re within the military or a military spouse, there are some additional factors that will affect your divorce and will make it necessary for you to talk with a Military Divorce lawyer.
For instance, the process may take longer if one among you is on active duty in a remote area or have a permanent station overseas. Some states have relaxed the residency requirements for active duty service personnel who want to file for divorce within the state he or she is stationed.
Perhaps you and your soon to be former husband or wife think that you simply have an agreement that fairly divides your assets and debts between the two of you but there are certain federal statutes and military regulations which will apply to your divorce, depending on where you file. An experienced Military Divorce lawyer can evaluate this agreement and allow you to know if it truly is fair for both of you.
While you’ll think that you simply are getting a good deal, a Military Divorce lawyer should be knowledgeable about the role of the Uniformed Services Former Spouses’ Protection Act. The USFSPA provides a federal statute for the military, guiding them to simply accept state statutes on addressing issues, like support payment, spousal support, and military retirement pay/pension so he or she will take a critical eye to the agreement, think towards the long run, and identify any hidden inequities that put you spouse at a plus. Remember that their job is to get the most effective deal for you and make a solid divorce agreement which will get up in court.
Even if you’re the party which will benefit more, you continue to might want to think about rewriting the agreement, as an unfair agreement might be contested within the future if it had been grossly unfair to at least one spouse. If your spouse decides they didn’t get a good deal, they’ll be ready to return to court to try to reopen the agreement.
While states have always had the authority to treat retirement and pension plans just like any other marital asset, the USFSPA permits the states to classify military retired pay as property, as opposed to income.
On the other hand, the Servicemembers Civil Relief Act helps protect service members’ legal rights when serving on active duty. Typically, when one spouse serves divorce papers on the opposite partner, the latter has got to respond during a certain time. However, under the SCRA a “stay” or postponement of a civil court or administrative proceeding is extended, if the service member proves he or she is unable to attend due to duty; or certain protections on default judgments for failure to reply to a lawsuit or failure to seem at trial are granted.
A Military Divorce lawyer is available to assist you understand the legal implications of your divorce. A military attorney cannot represent you or your spouse during a family law court but can refer you to a non-government civilian lawyer.