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Divorce Advice For Military Personnel

If you are married to a US military official your divorce will be partly governed by the military laws related to divorce for its own personnel. So you must seek divorce advice for military personnel while getting divorced. US military rules related to divorce are different from the divorce laws for civilian in many aspects.

For civilians the divorce laws are governed only by the federal states, but for military personnel the state and federal government both are involved when it comes to passing laws related to divorce.

So if you’re the spouse of a military professional you have to choose an attorney who is well versed with the divorce laws for military personnel. Select the attorney after proper scrutiny. The lawyer should have past experience in fighting divorce cases for military personnel. You must question the attorney whether he is aware of the special laws related to child custody, division of pension, and other aspects related to military divorce.

To get an overview of the US military divorce laws you must understand the differences that exist between civilian laws and laws specific to army. Here is a glimpse of divorce advice to military personnel.

Overview Of Military Divorce Law :
  • Delay Divorce Proceedings :
    If an army professional is on the front or away from home for some strategic work, then he or she is not expected to serve the court for divorce proceedings. In such events the army officer can be exempted from answering to the petition filed against him or her in the court of law. This clause is entirely different for civilians because they cannot delay the divorce proceedings at any cost.

  • Filing The Divorce :
    Military personnel and the spouse get the following choice when it comes to the location of filing divorce:
    1. They can file from the state where the spouse is located
    2. The case can be filed from the place where the army personnel is posted
    3. The case can be filed from the state where the personnel has his or her permanent residence
    Whichever state the military official or the spouse chooses to start the divorce process, the same state’s divorce laws will get applied to the case.

  • Family And Child Support :
    Military officials who do not provide financial support to their family and children are not only punishable by court of law, but also by the military itself. The ways of punishment are kept secret however. Such punishments are covered by the Privacy Act of 1974. How much support should the army personnel provide differs on the basis of service, and his or her earnings. Child support and spousal support have to be paid separately and should not exceed beyond 60% of his or her total income.

  • Pension Benefits :
    The Uniform Services Former Spouses’ Protection Act specifies that the military pension should either be solely claimed by the military personnel, or shared with the former spouse, depending on the state’s law. If it has to be divided among the two their shares will be decided according to the state law.

  • Military Benefits :
    The military benefits like medical reimbursement, subsidized food, and others can be availed by an ex spouse till the time he or she is remarried. However, these benefits are meant only for couples who were married for 20 years, and if the person has served military for 20 years.
Although military and civilian divorce laws are finally governed by state and central government, but military can put pressure on its personnel to abide by the decree issued by the court, and also holds the moral responsibility of punishing its people when they fail to abide by law.
If you are a spouse of a military personnel, you must seek advice related to military divorce laws and protect your interest.

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