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Military Divorce Information: Military Divorce Guide

Divorce happens to all manner of couples. Sometimes people grow apart and wish to move on in different directions. Sometimes they grow to loathe each other and can’t get the marriage dissolved fast enough. These situations affect both military personnel and civilians, but the rules are slightly different in the case of military members. The following will provide military divorce information for those who are going through one but are unsure what’s going to happen.

 

Pittsfield, MA -- (ReleaseWire) -- 12/06/2012 -- For the most part, military personnel going through a divorce are bound by the laws of the state in which the documents for it are filed. There are, however, some additional concerns attached to service members that may affect the divorce settlement. This military divorce guide will explain what those matters are. The Uniformed Service Former Spouse Protection Act (USFSPA) addresses issues of military retired pension division and the former spouse’s continued access to health care and to the base’s commissary. Ina Search of Military Divorce Lawyer, Send Request for More Info

The laws of the state in which the divorce is filed determine whether or not a retired military member’s pension is considered community property. If the court finds that it is, the DFAS (Defense Finance and Accounting Service) will ensure that the former spouse receives his or her portion. DFAS also sends child support payments to the custodial parent directly. Continued health insurance, as in many civilian divorce situations, is the responsibility of the military member until the former spouse obtains his or her own insurance or remarries and is covered under the new spouse’s policy. Under the USFSPA, a former spouse can be designated a Survivor Benefit Plan beneficiary, just as a current spouse could be, also.

Looking at more military divorce information, an active duty service member can stop the divorce proceedings until such a time as his or her tour is over and for up to 60 afterward. An act of Congress makes this possible so that a military member can concentrate fully on the protection of the country rather than on personal issues. Once the active duty and 2-month time period have come to an end, the divorce document can be filed again. Decisions regarding child custody and support arrangements are made by the judge in Family Court, as is visitation and other child-related issues. There is no such person as a military divorce lawyer. Most bases have a legal aid department which can offer advice and write up documents or letters for a service member, but there is no attorney that specializes in family law. A military divorce civilian lawyer can be hired off-base if legal representation is necessary.

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