Military members go through the same divorce process as non-military personnel; however military members have additional factors that can affect the outcome and length of the divorce. It’s necessary to understand the various requirements and guidelines that military divorce lawyers must comply with to quickly and efficiently have your divorce finalized.
Important Guidelines and Requirements:
- Some states have residency requirements. Wherever you are stationed, whether it’s California or at another military installation, it is important to note how long you need to have been a resident of the state before you can file for divorce. Some states of relaxed requirements, while others may be strict.
- The Service Members’ Civil Relief Act (SCRA). Service men and women who have been served with a divorce while they are overseas do not have to respond to the request right away. According to The Service Members’ Civil Relief Act (SCRA), deployed military members can be allowed to respond up to three months after the request has been issued, dependent upon their active duty orders. The three months can be extended even further if their military duties cannot wait or their missions are extremely important.
- The Uniformed Services Former Spouses’ Protection Act (USFSPA). Created in 1982, this act states that spouses of military members are in fact not only supporters of their soldier, but also supporters of the military as a whole. This means that the military spouse is entitled to half of the service member’s entire pension, without having to show that it is financially needed. It’s important to note that the max pension amount a spouse can receive is 50%, but it doesn’t mean they will always receive half. Other factors play into the division of military retirement pay and pension.
Thinking About a Military Divorce?
While each divorce is unique, you can rest assured that our expert military divorce lawyers at The Edmunds Law Firm will be able to handle your case. Their professionalism and training are top-notch, effectively enabling them to handle the division of military benefits such as military health insurance, military pay, and child custody. If you’re ready to proceed with your military divorce, give The Edmunds Law Firm a call today at (760) 634-7630 or fill out their online contact form.