What happens when military personnel need a divorce? Typically, the military views divorce as a civil matter similar to any other divorce. However, a military divorce can implicate various benefits in both federal and state laws. Here are just a couple:
– The Servicemembers Civil Relief Act allows a defendant, who is on active duty in the military, to request a stay, or delay, of the proceedings for at least 90 days. In order to achieve such a stay in proceedings the defendant must show that there is a defense to the action and the defense cannot be presented without the presence of the Service Member.
– The Uniformed Services Former Spouse Protection Act (USFSPA) addresses continuing eligibility for commissary, exchange, and health care benefits. The USFSPA law allows a state to treat retired military pay as a marital asset which can be divided in a divorce action. In addition, the USFSPA also allows separated spouses to continue receiving commissary, exchange, and health care benefits after a divorce in certain circumstances.
Our attorneys have handled many military divorces so rest assured that when you need us, we will be here. Give us a call at 757-656-1000 to set your No Hassle Legal Strategy Meeting, at which our attorneys will answer all of your questions.
