Craig’s Answer: Anyone getting a divorce should retain the services of an attorney and that’s especially true if one spouse or both are members of the military. Non-military divorces normally only concern state law. If a spouse is in the…
Craig’s Answer: No, though you may get some advice from Military Legal Assistance. That means you may get some information on applicable laws and how they may apply to you and suggestions about what needs to be filed when, but…
Craig’s Answer: There are many issues that can come up, some are similar to a civilian divorce and others are unique to military members and retirees. Child support Service members are legally required to support their children. In addition to…
Craig’s Answer: There are laws set up to protect active duty military members against being held in “default” from failing to respond to a divorce action. These laws were enacted to protect active military members from being divorced without knowing…
Mike’s Answer: Divorce proceedings are conducted by state courts and they can divide military pensions. The federal Uniformed Services Former Spouses’ Protection Act (USFSPA) allows (but does not mandate) state courts divide military retirement pensions upon divorce, legal separation or…
Mike’s Answer: The federal Uniformed Services Former Spouses Protection Act (the “USFSPA”) permits divorce courts to award ex-spouses of service members part of “disposable retired pay” (the retired pay available (after necessary deductions) based on salary and years of service)….
Mike’s Answer: The SCRA was enacted in order to help protect service member’s rights if and when they are called to active duty. It protects regular service branch members, in conjunction with members of the Coast Guard serving on active…
Mike’s Answer: As with normal civilians, military couples are presented with child custody issues if they are seeking dissolution of marriage. Members of the military are aware that active duty often requires time away from home due to deployments, training…
A couple filing for a military divorce has many facets to consider. With the marriage to a member of the military come many rights, protections and benefits. In June of 1981 the U.S. Supreme Court ruled that treating military retired…
