Military Divorce Law
All You Need to Know From a Military Divorce Attorney
Military divorce law can be very complicated and hard to understand for newbies. In this article, we’re hoping to simplify it for everyone. Divorce rates are much higher in the military compared to any other profession.
Millions of people deal with military divorce every year, and all of them have to face the complexities of military divorce law. There are different regulations that apply to military divorce cases.
For example, there are complications regarding military divorce and the SCRA. If a service member wants to delay divorce proceedings while they are on duty, they can use this act to buy themselves extra time. Only a military divorce lawyer well versed in military divorce law can help you navigate these complexities.
We will talk about all the important spouse protection acts and military benefit plans in this article. You will find yourself in a better position once the military divorce process is complete.
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How Military Divorce Attorney Can Help You Navigate the Uniformed Services Former Spouses’ Protection Act (USFSPA)
Military Divorce and the USFSPA
The USFSPA was introduced to give former military spouses the right to retain military benefits after divorce. If you are concerned about the division of military pension, then you really need to know everything about the USFSPA.
It can help non-military spouses access a portion of the military member’s retirement pay. Retirement pay is one of the most important concerns for most people going through military divorce.
Moreover, the USFSPA can enable divorced spouses to retain certain military benefits. For example, it can give them access to healthcare through TRICARE, commissary, and exchange privileges.
How Can a Military Divorce Attorney Help?
A knowledgeable military divorce attorney can guide you through the complications of the USFSPA. They will also be able to make sure that your unique circumstances are taken into account in the divorce settlement. That will improve the end results for you a lot.
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The Role of Military Divorce Attorney in Handling Survivor Benefit Plan (SBP) and Servicemembers’ Group Life Insurance (SGLI) Claims
The Survivor Benefit Plan (SBP) and Servicemembers’ Group Life Insurance (SGLI) provide a lot of additional perks to people going through military divorce.
Survivor Benefit Plan (SBP)
SBP is a program that allows non-military spouses to get a share of their military spouse’s pension after divorce. The condition is that it needs to be included in the divorce settlement. It acts as a form of life insurance because it guarantees a stream of income even if the military member passes away.
Servicemembers' Group Life Insurance (SGLI)
SGLI is a life insurance program for service members primarily, but it can also be added to the benefits that a non-military spouse might retain. In a divorce, it’s essential to address the disposition of SGLI proceeds. That is the best way to ensure that the former spouse or children are financially protected in the event of the service member’s death.
Through these plans, the divorced spouse and any dependent children continue to receive financial assistance, even in the face of life-changing events. For example, the death of a military member does not discontinue the financial support of their family.
How Can a Military Divorce Lawyer Help?
In a military divorce, Survivor Benefit Plan (SBP) and Servicemembers’ Group Life Insurance (SGLI) benefits can be significant financial considerations. A skilled military divorce attorney can help you understand these.
These plans are important for service members too when they are seeking to provide continued financial support for their former spouse. Only a skilled lawyer can make sure that your divorce takes these benefit plans into account.
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How a Military Divorce Attorney Can Assist You with the 10/10 Rule and the 20/20/20 Rule for Military Spouses
Here’s what each rule entails:
1. The 10/10 Rule:
This rule applies to the division of military retirement pay.
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It makes it necessary for a non-military spouse to have been in a marriage with an on-duty military spouse for at least 10 years to receive any benefit.
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If these criteria are met, the former spouse can receive their portion of the military retirement pay directly from DFAS.
2. The 20/20/20 Rule:
This rule covers many types of military benefits. Here are the conditions that must be met according to this rule:
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The marriage must have lasted for at least 20 years.
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The military member must have performed at least 20 years of credible military service.
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There must be at least a 20-year overlap between the marriage and the military service.
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If you are eligible according to this rule, you can get access to TRICARE (the military healthcare system), commissary (grocery store) privileges, and exchange (department store) privileges.
How Can a Military Divorce Lawyer Help?
Meeting the criteria specified in these rules is a must for non-military spouses who want to retain military benefits after divorce.
The eligibility criteria for military spouse benefits under the 10/10 and 20/20/20 rules can be hard to meet. A military divorce attorney can justify in court that you meet these criteria and you deserve the benefits you want.
You can get healthcare, commissary, or exchange privileges as a former military spouse. That is possible only if your attorney can make this justification under these rules.
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Military Divorce Law on Property Division
Property division in a military divorce involves a range of assets. This is the part where you need to take care of military pensions, real estate, and joint debts.
The most complicated part is the division of retirement benefits. They may or may not be considered a part of divisible property based on the USFSPA. Property division is also governed by other rules that we have discussed above – like the 10/10 and 20/20/20 rules.
You need a highly skilled lawyer to make sure you get your fair share of everything. Only military divorce lawyers know the applicable laws and regulations well enough to help you with this.
Moreover, when you are facing the division of debts, your attorney will make sure you don’t end up in a bad position. They will help you understand the military divorce law and residency requirements in your jurisdiction too.
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Military Divorce Law on Child Custody
Child custody is the most important issue when service members face deployment or relocation. A court cannot deny a service member custody of their child solely because of their duty. They also have a chance to get sole custody of the child.
Only military divorce lawyers have experience dealing with unique custody issues that military divorces present. Moreover, when it comes to navigating the problems with military divorce law and relocation, your attorney will provide guidance and representation.
Child support and child custody both are governed by different military rules. In the military, the amount that a service member will have to pay in child support after their divorce depends on how much they’re earning. There are some rules that might even deduct child support from a service member’s paycheck directly.
Custody agreements made as a part of military divorce need to accommodate the complexities of military life. The child’s well-being has to be taken into consideration too, so this can be a very complicated problem.
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Advice on the Jurisdiction and Venue Issues in a Military Divorce
Determining the appropriate jurisdiction and venue for filing a military divorce case is a crucial early step. To deal better with jurisdictional and venue considerations, you will need to talk to a lawyer. Get all the information you can about military divorce and overseas deployment issues, etc.
A military divorce attorney can help you if you are dealing with disputes over jurisdiction. Problems related to venue selection can also be solved easily with legal support and guidance. Your case will proceed in the most favorable and appropriate legal environment with a skilled attorney by your side.
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How Military Divorce Lawyer Can Represent You in a Contested or Uncontested Military Divorce
Military divorces can be either contested or uncontested, depending on whether the parties agree on key issues. A military divorce attorney has experience in handling both types of cases.
In a contested divorce, legal support becomes even more important for you. At that point, only a good lawyer can help you finalize your divorce without compromising your interests.
In an uncontested divorce, your attorney will guide you through the process. All necessary paperwork must be filed correctly and lawyers are really good at taking care of that. Talk to your lawyer to negotiate and draft agreements that reflect your best interests.
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Process and Default Judgments in a Military Divorce
You really need to avoid a default judgment in a military divorce. If your spouse is not available or does not respond to the divorce petition you filed, you can get a default judgment from the court. That’s what a military divorce lawyer can help you avoid or deal with.
Only a good military divorce attorney can provide you with that. A military divorce attorney will walk you through the divorce process, from the initial filing to the final judgment. They will help you find out all about military divorce and spousal support to give you the best outcome.
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How to Negotiate a Fair and Equitable Settlement Agreement or Marital Separation Agreement (MSA) in a Military Divorce
Creating a comprehensive settlement agreement or Marital Separation Agreement (MSA) is a must to finalize a military divorce. You need legal help to make sure that your MSA includes the right terms and conditions regarding property division etc.
Get a marital separation agreement so that the divorce can be considered final. Your need a well-structured agreement to avoid future disputes here. A lawyer can tell you about military divorce law and remarriage too, in order to help you move on.
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How Military Divorce Attorney Can Advocate for Your Best Interests in a Military Divorce Appeal or Modification
In some cases, you may need to pursue an appeal or modification of divorce orders. A military divorce attorney is well-equipped to represent your interests in these proceedings. You will be able to get information about military divorce law and alimony, spousal support, relocation, and more from them.
In a divorce, you might be seeking a change in custody arrangements, support payments, or other divorce-related orders. You will have a higher chance of getting your divorce appeal or modification accepted if you have legal support.
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Get Clear Guidance on the Impact of a Military Divorce on Your Taxes, Credit, and Debt from a Military Divorce Attorney
Even your taxes, credit, and debt can be affected a lot by military divorce. The only way to steer clear of any unnecessary damage in such a situation is by hiring an experienced military divorce attorney.
Make informed decisions to make sure that you don’t take more damage than you must. You will lose a lot less if you know what rules and regulations can help you.
When it comes to military divorce and disability benefits, for example, you will need to consult them to see how the military divorce law applies to your situation.
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How Military Divorce Attorney Can Support You with the Emotional and Psychological Aspects of a Military Divorce
Divorce can be emotionally and psychologically challenging for everyone. Military divorce is even more challenging and complicated, so service members and their families have to go through a lot more emotional trauma.
A compassionate military divorce attorney takes away lots of stress. They can give you the space to cope with the emotional toll of divorce. Also, when it comes to military divorce law and domestic violence, your lawyer can get you compensation for your suffering. That’s the best way to recover from any damage that you have taken.
