| If you are contemplating a divorce from your | | | | property with go to each person. While each state |
| spouse, you will want to consult with a qualified | | | | may have different laws regarding how family law |
| attorney, one who is knowledgeable about military | | | | cases are to be handled and community property |
| law, regulations and concerns that are specific to | | | | divided, the federal government has enacted The |
| military members and dependents, so that you | | | | Uniformed Services Former Spouses Protection Act |
| receive the proper advice. A military lawyer | | | | (USFSPA) that governs the calculation and division of |
| experienced in military divorce law can help you save | | | | military pension benefits. |
| time, money and trouble. | | | | The USFSPA does not provide for any particular |
| Divorce is never easy. The stresses of contemporary | | | | division of the service member's military retirement; it |
| life make keeping a marriage together much more | | | | does not, for example, require that the former |
| difficult than in the past. When military service by one | | | | spouse receive 50% of the member's retired pay. |
| or even both partners enters the picture, it's even | | | | Rather, it simply authorizes states to apply their own |
| harder and, in turn, the divorce can become more | | | | laws regarding division of property to military |
| complicated. Military divorces can differ from standard | | | | retirement in military divorce cases. Under the |
| family law cases when it comes to home or | | | | USFSPA, state courts are only allowed to divide a |
| residence requirements for filing, obtaining service | | | | service member's "disposable retired pay," not the |
| upon an active duty spouse, compliance with military | | | | member's gross retired pay, and not any disability |
| rules and regulations, and the division of the military | | | | pay the military member received during active duty, |
| pension, often the communities' largest asset. A | | | | in military divorce cases. |
| qualified military divorce lawyer will understand these | | | | Military pensions like their civilian counterparts are |
| issues and others necessary to successfully resolve | | | | divisible in the event of divorce, but are subject to |
| your family law action. | | | | different rules than the more common Qualified |
| Divorce and the military require a special knowledge | | | | Domestic Relations Orders for private retirement |
| of laws not related to civilian divorces. For example, | | | | accounts or Domestic Relations Orders for state and |
| federal legislation entitles active members of the | | | | municipal pensions. Your military divorce lawyer will be |
| armed forces to postpone a divorce proceeding and | | | | able to handle the organization of these proceedings, |
| to court-appointed counsel in certain circumstances. | | | | allowing you to receive the best possible settlement |
| Hiring a credible military divorce lawyer will give you | | | | in your divorce. |
| ease knowing that the attorney is knowledgeable in | | | | When faced with the difficult situation of divorce, |
| military divorce situations. For instance, did you know | | | | you can try to make the situation less of a headache |
| that there is complicated federal legislation law called | | | | by choosing a knowledgeable military divorce lawyer |
| the Uniformed Services Former Spouses Protection | | | | who specializes in military law or a lawyer willing to |
| Act (the USFSPA) that dictates that military | | | | work with a consultant. Hiring a well-informed |
| retirement is marital property? It also gives states | | | | attorney will ease your transition during your divorce. |
| the power to determine how much of this martial | | | | |