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What Kinds of Things Make A Member Of The Armed Services Divorce Different From A Regular Divorce?

September 25, 2015 by  
Filed under Uncategorized

 

 

Divorce can be a confusing, complicated, and stressful time for service members and their spouses.  Service member divorce cases can present unique legal issues.   Even when filing in a Florida state court there are federal statutes and military regulations which may apply.

For example the Service Members Civil Relief Act, which applies to active-duty members of the Armed Services, members of the National Guard when serving in an active-duty status, members of the reserve called to active duty, and members of the National Oceanic and Atmospheric Administration, Public Health and the Coast Guard when serving on active duty in support of the Armed Forces. Under the Act, service members may obtain a stay or postponement of a divorce or paternity action if they can show their military service prevents them from either asserting or protecting a legal right.  There are also special protections regarding the entry of a default against a service member.

Another example is the Uniformed Services Former Spouses’ Protection Act, which can affect how disposable military retired pay is divided between the service member and a spouse in the event of divorce, as well as determining eligibility for continued medical, commissary, installation exchange, and other benefits.  Under the Act there is what is known as the 20/20/20 rule related to entitlement to permanent benefits and 20/20/15 rule for entitlement to medical Tricare benefits on a transitory basis.  The time periods relating to the length of the marriage, the length of the service members service, and the overlap between the marriage and the service or retirement of the service member.

Another nuance of a military divorce is that temporary child support can be secured through what is known as a statutory allotment in addition to the usual methods involving court orders to pay child support.

There are lots of laws and circumstances that can make a service members divorce unique and different from a regular divorce.  If you have questions you are welcome to contact us for a consultation on (786) 539-4935.

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Disclaimer: The Law Offices of Robert Hanreck, P.A. is based in Miami , Florida and serves clients throughout the State including Miami-Dade and Broward counties. We are licensed to practice law in the State of Florida. This website is intended for informational purposes only and is not meant to constitute legal advice, or solicit clients outside of the State of Florida.