Military Divorce & Military Spouse Benefits Forms - Military Divorce

How a Military Spouse Affects a Divorce Legal Military Divorce

Although joining the military can provide several benefits, a happy and healthy marriage is not always one of them. In 2011, the military separation rate and military divorce rate both reached their highest levels since 1999. USA Today reports that over 30,000 members of the armed forces filed for an army divorce in 2011.

According to experts in family law, military spouse divorce is basically the same as civilian divorce. Only a few military divorce laws exist, and current divorce law applies to civilians and military personnel alike. However, a few special considerations must be made by anyone who wishes to divorce military spouse.

Beginning a Military Divorce Military Divorce Spouse Rights

After the initial paperwork is filed, it is necessary to serve the divorce papers to the spouse, but serving divorce papers to personnel stationed overseas can be problematic. Some states allow the papers to be served through certified mail to a registered APO/FPO address, but other states require in-person service.

Child Support and Military Spouse Benefits Military Divorce Law

The amount of child support paid in military divorces is determined by state law, but it is often easier to collect from service members than from civilians because all of the armed forces except the Air Force have rules regarding the minimum amount service members must pay to support their children, whether they are married or not. In most cases, child support is paid through a wage assignment that comes directly out of the member's paycheck.

Other military spouse benefits must also be considered, including health insurance and any existing survivor benefit plan (SBP). An SBP is a type of life insurance that continues to provide a military spouse with an income even after the military member's death. Many courts require military personnel to purchase an SBP upon divorce, and the benefits carry over to the former spouse after the divorce is final.

Military Retirement and Divorce Divorcing In The Military

Military retirement divorce issues are among the most confusing issues when going through divorce in the military. A law known as the Uniformed Services Former Spouses' Protection Act (USFSPA) governs how a military pension is handled in a divorce. The USFSPA also covers other issues involving divorce and military retirement, such as health benefits.

One of the primary benefits provided by the USFSPA for a military spouse is the payment of a portion of military retirement benefits by the divorced service member. However, determining the instances when a spouse is entitled to benefits and how much should be paid may require the assistance of a military attorney. The greatest retirement benefits are available from service members who have been on active duty at least 20 years and for spouses who have been married to them for the full 20 years, but other benefits may be available for spouses who have only been married to military personnel for 15 years or less.

Tips for Preparing Military Divorce & Military Spouse Benefits Forms

  1. Carefully select a state to file for divorce. Some states offer more beneficial conditions for a divorcing party in comparison with others when it comes to legislation, ease of processing, and expenses. However, before drafting Military Divorce & Military Spouse Benefits Forms, you must check whether you meet the residency requirements of the respective state. Also, you need to take into account that if you proceed with divorce first in the selected state, this state , as a rule, takes jurisdiction over the legal procedures.
  2. Research your finances and outstanding debts. To actually get your fair share after your dissolution of marriage, you need to understan better what both you and your partner owe and own jointly and independently. The court requires both parties to disclose where a couple stands financially and send this information along with other divorce documents.
  3. Plan funds and property division and child custody with your partner ahead of time. Provided that you agree on everything, you can indicate it in the marital resolution agreement and move forward with an uncontested divorce. It’s much less pricey and more peaceful compared to a contested. You can find all the needed documents, including Military Divorce & Military Spouse Benefits Forms required for an uncontested divorce in the US Legal Forms catalog.
  4. Proceed with collecting divorce papers. The dissolution process is started as soon as you submit the Petition for Dissolution of Marriage. Depending on your situation, you might need to include more documents later on. You can find the required divorce documents and information on creating Military Divorce & Military Spouse Benefits Forms using US Legal Forms and its easy order option. Based on your answers, the system will put together the state- and scenario-specific papers for you.