How to Know Military Divorce Laws
Military divorce laws are a bit different than those used during a civilian separation. Factors such as garnishing military wages, pensions for child support, government housing and choosing which state to file the divorce in can make this process complicated. There are a few basic ideas that you need to know about military divorces, no matter which branch you're serving in.
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Instructions
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Pick the most beneficial area to file your divorce. You may choose either the state where the service person is stationed, the state where the spouse lives or the state in which the service person has legal residency. Note that the state where the divorce is filed will retain the right to make future rulings on the case.
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Calculate the gross pay of the service person so that child support may be worked out. The gross pay is listed on the Leave and Earnings statement, which includes housing and subsistence allowances, basic pay and a cost of living stipend if he is stationed outside of the country. Remember that the civilian partner will also have to present any W-2 forms and pay stubs.
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Include your Veteran's Affairs disability pay when figuring your income if you are a retired service person and note that it may be subject to child support debits. However, in some states, this income is based on deductions from regular retirement pay and is dealt with separately from pensions for alimony calculations.
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Figure out how your branch of the military determines how much child and spousal support must be paid. For example, the Navy has standard guidelines for what percentage is due to the spouse depending on the number of children, while the Air Force relies on the court of law to decide how much is due in each case.
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Get protection from the Soldier's and Sailor's Civil Relief Act to prevent a divorce from happening while you (or your spouse) are stationed in a war zone. Know that this act also applies to active-duty reservists and national guards, but in all cases a written communication to the court is required to extend the postponement of the divorce hearing beyond 90 days.
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Speak with a lawyer to find out how military divorce laws are applied in your state. Since you have the choice of choosing your location for the legal procedure, be sure that your lawyers know how the laws differ in each state.
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Tips & Warnings
Military laws make it a crime for a service person to knowingly ignore court-ordered payments to a spouse.
