There are a number of unique issues that arise when one or both parties to a divorce are a member of the Armed Services. Federal law, such as the Uniformed Services Former Spouse Act and the Servicemembers Civil Relief Act, has broad implications on a military divorce, examples of which include the division of property of military spouses or how to effect service of process on an active-duty member.
Custody issues can also be made more complex when one party is an active-duty spouse and capable of being deployed. Alimony and child support for spouses of service members also demand careful attention, as these spouses sometimes have fewer job skills as a result of frequent moves and being the primary caregiver for children as a result of frequent deployments by the military member.
Whether a spouse was retired at the time of the divorce and the length of time a spouse was in the military prior to marriage are some of the factors that will determine how much of the member’s retirement the other spouse is entitle to in analyzing the property division. If a spouse was retired at the time of divorce, the length of time the spouse was in the military prior to marriage can determine how much of the member’s retirement the other spouse is entitled to when analyzing property division. The lawyers at Terry Frank law are well-versed in the many nuances that arise in military divorces.
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