Every divorce case is different in its proceedings and involves different complexities. One of the rarest cases of all is a military divorce, to mention.
What is Military Divorce?
According to federal laws, if one or both of the spouses are serving in the military and a divorce is filed, it is known as military divorce. And, notably, these divorce cases have a separate set of legislations, other than for the civilians.
For example, there are different legislations for appearing in court for a divorce case. If the spouse serving in the military is not available at the time the divorce is filed, they may be entitled to a relaxation of up to 60 days before they can appear in court.
Know your Rights
It is noteworthy that all divorce cases proceed in civil courts. If you wish to learn how to protect your rights, click here for more information. It would be better to have a seasoned military divorce attorney assist you with your rights.
Nonetheless, federal laws protect the military personnel and entitle them to certain rights when facing a divorce lawsuit.
Military Legal Assistance
In case of a divorce or a family matter, the service personnel is entitled to free military legal assistance. It involves mediation, legal attorneys for the service members, and advice on legal matters. However, it is also noteworthy that both spouses cannot consult with the same attorney to prevent conflict of interests.
Servicemembers Civil Relief Act
As already mentioned, federal laws protect service members against certain civil acts. It involves a stay or postponement of the civil court proceedings, along with protections against failure to respond to a lawsuit.
Uniformed Services Former Spouse Protection Act (USFSPA)
This one is not for the military personnel but for their spouses. Under the Morale, Welfare and Recreation Program, former spouses of uniformed service members are also entitled to certain benefits.
Will my Benefits be Revoked?
To simply put it, the answer is no. However, the military benefits can still be split between the spouses. It depends on several factors, and usually, the decision rests with the court.
Like any other divorce case, the spouses are entitled to certain parts of the other spouse’s income, wealth, estate, and even debt. But, this requires them to meet certain conditions under the USFSPA guidelines.
Notably, the condition is more popularly known as the 20/20/20 rule. You can, of course, read more to learn what it is. But, right now it won’t be possible to cover the same in the scope of the current context.
What to do when Facing Military Divorce?
By now, you must have a pretty good idea about what military divorce is and how it proceeds. But, there are still some hazy lines around it. For instance, if faced with a military divorce lawsuit, should you contest or not?
In the right mindset, you’d surely want to contest the claim, depending on the grounds for filing a divorce. That being said, it would still be far better to consult with an attorney before responding back.
