Military Divorce Details
Posted by on April 15, 2010Getting a divorce in the military is quite similar to regular non military divorces. However there are some differences that you should be aware of if you are in that particular situation.
A military member performing active duty outside of the USA can’t be called into divorce court. Furthermore, they are given a full two months time after said service term is complete before any such activity can take place.
Military divorces are settled by the appropriate state court and said court doesn’t determine the use of benefits(medical etc) that are available to the partner of a service member. Any pension is decided to be summed up with the joint partners estate with the judge choosing how much(if any)will be allocated to the non-armed forces partner.
It’s important to remember that legally speaking,being separated is the same as still being married. This is relevant to your divorce case in a variety of ways, least of which is the courts final decision on said divorce. A couple is deemed to be actually,legally divorced when and if the court decides to agree to legally dissolving the marriage.
As a related side note,the court will usually show more favor to the divorcee,finance wise,the longer they have been married overall.
The Uniformed Services Former Spouse’s Protection Act is a federal law that has potential to change a judges mind in regards to the funds allocated to the non-service members partner. You can view this law on the internet or in physical form if you would like. However, be forwarned that it is both detailed and of great length, relatively speaking. It references the Ten Year Rule regarding pension division. Every state is able to decide as it wants to however the splitting of the funds really hinges on what length of time the partners were married while military service was active.
Overall,military divorces can be potentially complicated and with its own nuances above and beyond ‘normal’ divorce. This is why it’s so crucial to get a qualified,competent military divorce lawyer to take care of you during your personally trying time.