Military Divorce Help
Military divorce help consists of a set of privileges and rules regarding the divorce procedure that are not applied in case of common civilians. The divorce help for military couples are been sanctioned by keeping in mind that "to devote their entire energy to the defense needs of the Nation." The military divorce laws are governed by both the state and the federal governments. The matters like military pension and child support orders are managed by the federal law while the rest are under the control of the state laws.
The military spouses are protected from lawsuits and complex divorce proceedings under the Service Members Civil Relief Act (SCRA). The following are the military divorce help provided for the active and retired service men and women.
- A court has no right to order for a hearing if it has not received the authority or the jurisdiction over the case. To get the jurisdiction the court has to send a paper of summon to the serviceman in case the applicant is the spouse of the army man. If the spouse does not consent, an officer can be appointed for offering the papers on behalf of the army man.
- Several state courts offer the military help to servicemen by providing him or her opportunity to file case to the particular court even if he or she fails to produce the residence proof. The states where a military spouse can file divorce case.
There are some benefits that former spouse is entitled to. To receive such military divorce help the former spouse must suffice the following requirements.
- The state where the military spouse reside presently
- The state where the military personnel is presently stationed
- The state where the army man acknowledges his legal residency
The emoluments of the military personnel are sometimes modified if the individual is liable to pay amounts for child support and alimony. It has been specified that the amount to be paid as child support should not exceed more than 60% of the total salary earned by him or her. The various military divorce laws that ensure special privileges for active army men regarding division of property are governed under the special Uniformed Services Former Spousal Protection Act.
- The spouses should be married for at least 20 years.
- The military member must have served the army at least for the period of 20 years.
- The over lap of the time period of married life and the military service must be at least for 20 years.
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