Military divorce, just like any other kinds of divorce, puts a huge strain on the resources and relationships of the parties involved. Certainly, the long deployments, extreme uncertainty, private issues, or even the threat of death can push people to the wall and make them think of severing their ties with their spouses.
The truth of the matter is, the stress and pressure on the military lifestyle is not for everyone. Whatever the reason behind the intent to divorce is, it is important that the individuals involved know what to do when the situation arises. Divorce is more than just breaking off a personal relationship. It also involves myriads of legal issues like child custody and alimony among others. In order to help you through the process, here are a few military divorce guidelines for you.
The Laws that Govern Military Divorce
Getting a military divorce is even more complicated than a standard civil one. One of the reasons why this divorce is much more complex is because unlike a civilian divorce, which is governed and arbitrated by the state law, a military divorce requires the application of both state and federal laws. Therefore, when dealing with a military divorce, the parties involved must seek military divorce advice from individuals or organizations who are aware of the intricacies of the military divorce protocol.
In the case of a military break up, there are two main legislations made to protect both parties.
The first is the Uniformed Services Former Spouse Protection Act (USFSPA). An overview of the UFSFPA will give you some basic idea as to this law. Basically, the USFSPA addresses issues concerning marital property, retirement benefit payments, and other legal affordances that military spouses can be entitled to.
Another legislation that always comes up when seeking military divorce tips is the Servicemember’s Civil Relief Act (SCRA). This act was envisioned to protect service members from civil obligations in order for them to focus and pay full attention to their duties. Some of the obligations that service members are protected against while deployed are taxes, lease terminations, debts, and pending trials like military divorce.
Where to File For Divorce
In usual cases of civil divorce, the one who instigates the divorce typically files in his or her state of residence. However, military divorce filings are different. Military divorce protocol dictates that the divorce must be filed in the state where the military member resides. Although it is possible to file for divorce in the petitioner’s state of residence, the court, if not also the place of residence of the military member, may not be sanctioned to divide the pension afforded to the spouse under the USFSPA.
Child Support Determination
In the military, service members are mandated to give a fair and adequate amount of child support for their children. If you have difficulty in getting child support during the divorce proceedings, spouses can contact the commanding officer of the military family member, or the legal assistance arm of the base where the member is stationed.
Typically, child support is determined by the laws of the state where the divorce proceedings are going to be held. Usually, child support is accounted by taking into consideration the base, rank, and deployments of the servicemen, among others.
Health Coverage, Pensions, and Survivor Benefit Plan
Spouses are not entirely entitled to the whole coverage of healthcare, pensions, and survivor benefit plans after the divorce. There are certain criteria that should be met before former spouses can be given the benefits.
Usually, the 20/20/20 rule is the baseline standard for giving coverage to ex-spouses of the servicemen. The 20/20/20 rule basically means that parties should have been married for 20 years during the 20 years of service of the servicemen, with 20 years of overlap. In the case of health coverage, the ex-spouse will be afforded TRICARE, but it can be permanently lost if he or she remarries before the age of 55. Those not eligible for TRICARE because of the 20/20/20 rule can opt to buy the health coverage instead.
The Survivor Benefit Plan and Military Pensions are more complicated. During the divorce proceedings, these will be tackled in detail. Even spouses of less than 10 years during the 10 years of service of the servicemen can be entitled to particular benefits. The amount of coverage and benefits that will be afforded to the ex-spouse highly relies on the capabilities of the counsel or the organization that represent him or her.
What You Should Remember
In essence, military divorce proceedings are complicated but definitely manageable. The best military divorce advice that could ever be given to those in need is to find trusted and responsible individuals or organizations that could help them fast-track one of the most tumultuous moments in one’s life. However, before you approach anyone, it is necessary to learn more about military divorce proceedings, and know what you are entitled to after the divorce decree is issued.