Monday, July 19, 2010

The Process of a Military Divorce

Although the result of any divorce tends to be the same, the process of obtaining a military divorce under military divorce laws follow some different rules than regular civilian divorce. Between the different rules of choosing the state to divorce in, having military wages garnished for failure to pay spousal support when the couple is separated, and freezing portions of a pension for child support, it is easy to become confused about how to handle military divorce laws.

• Starting the process of filing for a military divorce can be even more complicated than filing for a regular one. Military divorce laws deal with issues that regular divorce laws do not have to deal with. To begin, anyone filing for a military divorce should select the best location to file for the divorce. Unlike residency rules that control most regular divorces, military divorce law allows an individual to pick the state that the soldier is stationed in, the state that the spouse is a current resident of, the state where the couple was married, or the state that the soldier has their permanent residence address in.

• To determine what the amount of child support that must be paid, military divorce law states that service member’s gross pay must be carefully calculated. The gross income has to include housing allowance, subsidy allowance, basic pay, and any other possible salary increases like hazardous duty pay, if it will be continuous for at least six months. However, the civilian spouse is still required to show any pay stubs or income statements. If the service person is retired or disabled than they have to include their Veteran’s Fair disability pay in their total income amount. Depending on the state, this amount will be considered separately.

• Different military branches have different ways of handling divorces and separations. Military divorce laws vary from branch to branch. In the United States Navy, the guidelines are standard and across the board for spousal and child support. In the Army, the courts decide what the amount of support will be depending on military law circumstances. While an individual is stationed in a war zone, they cannot be required to proceed with a divorce. Under military divorce law, this the service member from missing important hearings.

There are books and articles to be read on the subject, but the best way to determine what military divorce laws will govern ones divorce is by speaking with a lawyer that specializes in military divorce. Military bases will almost always have lawyers stationed on base to help individuals navigating the complicated military divorce laws.

Article from Ideaccess

1 comment:

  1. dang. may God bless you sister. sounds like it's been a ride for u and your family.- USMC Officer