| A military divorce is subject to a different set of | | | | wide discretion in treating disposable retired pay as |
| laws than a regular civilian divorce. Consulting with a | | | | the property solely of the military member or of |
| lawyer versed in these differing requirements is a | | | | both the military member and their spouse. However, |
| good idea if you are involved in a military divorce. | | | | if the marriage and service lasted ten years, it is |
| There are certain procedures which must be | | | | divided and paid out to the former spouse through |
| followed. | | | | the Defense Finance and Accounting System, by |
| First, filing can be done in three different jurisdictions: | | | | statutory requirement. There are also strict rules |
| (1) the state where the filing spouse resides; (2) the | | | | regarding the reporting of the percentage of |
| state where the active duty spouse is stationed; or | | | | retirement pay received by the non-military spouse-it |
| (3) the state where the military member claims legal | | | | must be stated in the divorce decree. |
| residence. | | | | Also, under the Uniformed Services Former Spousal |
| There are also specific rules for serving a divorce | | | | Protection Act, a former military spouse is eligible for |
| petition on someone on active duty. If the active | | | | full benefits (medical, commissary and exchange) if |
| duty spouse is stationed overseas or deployed during | | | | the marriage lasted 20 years and the military member |
| war, military personnel must agree to serve them. | | | | performed 20 years of service. If the former military |
| They can also choose to refuse service, which may | | | | spouse remarries, benefits are terminated. However, |
| mean waiting until they return. Also, people actively | | | | benefits are revived if the next marriage ends in |
| serving in the military can delay a divorce until their | | | | divorce. |
| active service is finished and up to 60 days | | | | As you can see, divorce from a military member is a |
| afterward. They may also be eligible for | | | | complicated matter. If you are considering divorce |
| court-appointed counsel. | | | | from a military member, it is crucial to work with an |
| Division of a military pension is also subject to | | | | attorney with experience in military divorce, as there |
| different laws than those of the state in which the | | | | are many issues to deal with not present in a typical |
| divorce petition was filed. The Uniformed Services | | | | civilian divorce. |
| Former Spousal Protection Act allows state courts | | | | |