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Getting What You Deserve in a Military Divorce

If you are contemplating a divorce from your spouse, you will want to consult with a qualified attorney, one who is knowledgeable about military law, regulations and concerns that are specific to military members and dependents, so that you receive the proper advice. A military lawyer experienced in military divorce law can help you save time, money and trouble.

Divorce is never easy. The stresses of contemporary life make keeping a marriage together much more difficult than in the past. When military service by one or even both partners enters the picture, it’s even harder and, in turn, the divorce can become more complicated. Military divorces can differ from standard family law cases when it comes to home or residence requirements for filing, obtaining service upon an active duty spouse, compliance with military rules and regulations, and the division of the military pension, often the communities’ largest asset. A qualified military divorce lawyer will understand these issues and others necessary to successfully resolve your family law action.

Divorce and the military require a special knowledge of laws not related to civilian divorces. For example, federal legislation entitles active members of the armed forces to postpone a divorce proceeding and to court-appointed counsel in certain circumstances. Hiring a credible military divorce lawyer will give you ease knowing that the attorney is knowledgeable in military divorce situations. For instance, did you know that there is complicated federal legislation law called the Uniformed Services Former Spouses Protection Act (the USFSPA) that dictates that military retirement is marital property? It also gives states the power to determine how much of this martial property with go to each person. While each state may have different laws regarding how family law cases are to be handled and community property divided, the federal government has enacted The Uniformed Services Former Spouses Protection Act (USFSPA) that governs the calculation and division of military pension benefits.

The USFSPA does not provide for any particular division of the service member’s military retirement; it does not, for example, require that the former spouse receive 50% of the member’s retired pay. Rather, it simply authorizes states to apply their own laws regarding division of property to military retirement in military divorce cases. Under the USFSPA, state courts are only allowed to divide a service member’s “disposable retired pay,” not the member’s gross retired pay, and not any disability pay the military member received during active duty, in military divorce cases.

Military pensions like their civilian counterparts are divisible in the event of divorce, but are subject to different rules than the more common Qualified Domestic Relations Orders for private retirement accounts or Domestic Relations Orders for state and municipal pensions. Your military divorce lawyer will be able to handle the organization of these proceedings, allowing you to receive the best possible settlement in your divorce.

When faced with the difficult situation of divorce, you can try to make the situation less of a headache by choosing a knowledgeable military divorce lawyer who specializes in military law or a lawyer willing to work with a consultant. Hiring a well-informed attorney will ease your transition during your divorce.

Matt D Murren owns and operates http://www.divorce-lawyers-guide.com – Military Divorce Lawyer


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