Delta, PA -- (SBWire) -- 07/11/2013 --When a military couple decides to have their marriage dissolved, they need to know where to find military divorce advice. That’s why Legal-yogi.com is here, offering some input about this topic, such as:
- Divorce Petition Notification
- Military Legal Pool
- USFSPA
- Disbursement of Pension
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Notifying a Spouse on Active Duty
It’s not easy to notify a spouse who is on active duty that one is filing for divorce. Here’s a piece of military divorce help: Congress approved a law many years ago which states that if a service member is on active duty when his spouse files for divorce, he can basically ignore the notification for the duration of his tour. The reason for this law is so military personnel can focus solely on his mission to protect the country and not on personal issues.
Legal Guidance from Uncle Sam
No such person as a military divorce lawyer exists. There is, however, a way for divorcing military spouses to get military divorce advice: They can access the on-base legal pool. This group is comprised of paralegals and other legal assistants. They cannot go to court as lawyers specializing in divorce; they can look things up for a client, write letters on his behalf, and study case law to make comparisons. Difficult issues are brought to the Judge Advocate General; this does not usually happen during a divorce case.
USFSPA
The Uniformed Service members’ Former Spouse Protection Act (USFSPA) was devised by and passed through Congress to protect the rights of ex-spouses of military personnel. Basically, prior to this Act, former military spouses had virtually no rights to a portion of the marital assets. This Act is a very important piece of military divorce help, as it changed the rules and made it so that ex-wives and –husbands could retain some of the benefits that accompanied being married to a military member. In particular, it made it so that a former spouse could be awarded a portion of a retired military member’s pension.
Retired Military Pay Disbursement
Getting some military divorce advice prior to the division of this asset is smart. The first way to disburse the pension is based on the Net Present Value of it. Generally, this is utilized when a former spouse wants a buyout up front. Next is the Deferred Distribution plan, in which the receipt of the money is deferred until the military spouse retires. Last is Reserve Jurisdiction, which is the most common form and just means disbursement at retirement of the service member.
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