He’s just been assigned a top priority mission overseas, so he’ll have to be relocated to Europe away from his home base in Texas. As he’s leaving and goes to kiss his wife goodbye, she backs away, and from behind her back pulls out some dreaded divorce papers. Though he’s had some idea things may have been going south for awhile, he never expected it to come to this. However, now he has to take the long flight across the Atlantic with some heart breaking legal documents in his lap to go over. It's not ideal, and most difficult passages in life would never present themselves as such. What does he do

Pittsfield, MA -- (SBWire) -- 02/08/2013 --First of all, there's no immediate rush for him to sign the papers and go straight to court, ignoring his military orders. Being an active duty member of the armed forces protects him from the immediate distractions of civil litigation.

The Service Members' Civil Relief Act (SCRA)

- This act protects deployed and active duty service members from the distractions of civil litigation, and that also includes divorce. This protection lasts up to 90 days after active duty has ceased. It's possible a divorce can be postponed indefinitely if their duties to the military are taking precedent.

The best bet for him will be to hire a military divorce lawyer as soon as he gets off the plane. He'll want to look for one who is familiar with military divorce in Texas, since this is where his family resides.

The laws for military divorce differ from state to state. This applies to the ability to sue for child support and military pensions. Since he’s been serving in the military for many years, the length of service can also change things dramatically.

The Uniformed Services Former Spouses' Protection Act (USFSPA)

- Started in 1982, the USFSPA states that domestic support of military personnel is the same as supporting the military as a whole. His spouse is entitled to %50 of his entire pension regardless of if she needs it or not. No proof is needed. Military retirement pay is considered property, not income. Even if she remarries she’s still entitled.

So he has some things to consider when it comes to his divorce in Texas and his duty to the military. He’s going to take his time and sit down for some counseling. The lawyer will make sure he has his information in order and knows the things he wants to fight for. A good military divorce lawyer will take care of the rest.

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