Delta, PA -- (ReleaseWire) -- 10/31/2012 -- One should be aware that members of the U.S. military are protected from lawsuits of any kind while on active duty. Once they've completed their tour of duty, however, they can be served with divorce papers. Often, being told that their spouse wants a divorce is somewhat of a surprise to a soldier, and they may seek out some military divorce help. What that soldier will learn is that the military has its own rules about residency requirements for filing for divorce, the division of military pensions, and emergency court orders regarding child support.
Know More Advice on Military Divorce Process
Here is some military divorce advice and information. The Service Members Civil Relief Act, mentioned above, protects military personnel from being served divorce papers or any other type of legal documents while serving on active duty, and for 60 days after they've finished their tour. This is to allow them to focus completely on the safety of America without the distraction of personal matters creeping in. The USFSPA (uniform services former spouse protection act) makes provisions for state courts to distribute to ex-spouses of military personnel military retired pay. The military will provide enforcement of those provisions through the Department of Defense. As to residency filing issues, the military will allow a divorcing couple to file for divorce in the state where the military person is stationed, even if neither spouse has legal residency there. They may also do so in the state in which the soldier claims legal residency or in which the spouse legally resides.
Once a military couple has decided to divorce, it is time for them to look for military divorce attorneys. As it turns out, there are not many attorneys in the military who specialize in divorce proceedings. The best option for either spouse involved in a military divorce is to obtain a civilian attorney whose specialty is military divorce. These lawyers are relatively easy to find by either going online or talking with other military couples who have divorced. The more a particular attorney is highly-spoken of, the more reasonable it would be to engage his services. Another option is to interview several lawyers who are familiar with military divorce and choose the one that best suits one’s situation.
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