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While military divorces undergo the same processes as civilian divorces, there are still differences to be aware of. If you are an active member of the military or married to a member of the Army, Navy, Marines, or other branch and wish to file for divorce, use the following information to get an idea of what it involves. Such divorces become subject to both state and federal laws.

A Quick Guide to Military Divorces

The Residence Factor

Courts approve civilian divorces on the basis of jurisdiction, or the state where both parties reside. Jurisdiction also applies to military divorces; however, one spouse may be stationed elsewhere in the country. The spouse on active duty can, therefore, file in that state despite no claim to residency.

Divorcing spouses also have the option to file in the state where they live the majority of the time. The non-military spouse can file for divorce in that state, as can the military member even though they are stationed in another part of the country. No matter what state they decide to file in, the spouses become subject to that state’s divorce laws.

Military Retirement Benefits

military divorcesMilitary retirement benefits such as pensions may be divided between the spouses if they meet certain requirements, such as remaining married for at least a decade. The marriage duration must coincide with at least part of the military member’s tenure of at least 10 years.

To receive direct retirement payments from the Defense Finance and Accounting Service, the military spouse must stay married throughout the military member’s entire 10-year service run. If they were married for only part of the 10-year timeframe, they receive Defense Finance and Accounting Service payments depending on the divorce settlement, such as payments as part of alimony.

Ex-military spouses may also be entitled to retirement benefits thanks to the Uniformed Services Former Spouse Protection Act (USFSPA). The act lets former military spouses receive benefits if their marriage lasted 20 years and overlapped with the military member’s 20-year service run. 

 

Allow Donna C. Crooks Attorney At Law to handle your military divorce with the same detail that has kept her in demand since 1993. Serving Southeast Alabama including Enterprise and Dothan, this divorce attorney provides the knowledge and assistance that makes proceedings less stressful. Call (334) 598-9534 today to schedule an appointment or learn more about the attorney online. Like the lawyer on Facebook for additional legal tips. 

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