It can be a very difficult situation to file for divorce while deployed, but can be accomplished with the help of a knowledgeable attorney from my firm. If a service member's spouse desires to get divorced while he or she is deployed, the procedural process is the same. There may be a number of complications along the way, however. There are additional factors that should be accounted for, including the extended length of the divorce process.
Many individuals desire to get this situation started before returning to the United States. For this reason, it is important to hire a military divorce lawyer who can protect your interests while you are deployed.
You can be protected by communicating with Charles E. It is important to have a legal representative to help you prepare for the journey ahead, because the complexity of military divorce is not understood by typical lawyers. The wrong lawyer can compromise your rights and cause you to face an undesirable situation.
The Guardian. You are eligible for the same services provided to active personnel—subject to the availability of legal assistance attorneys. Help make us better. To find a free military legal assistance attorney on an installation near you, visit the Legal Services Locator. Divorce for dummies 3rd ed. And going forward, spouses should notify their employer about their change in state of legal residence.
If you are out of the country or state, my office can help you either over the phone or through email. I can also discuss your appearance by phone at court hearings if necessary. If you are in need of assistance with a military divorce while you or your spouse is deployed, contact my firm for experienced and knowledgeable legal help.
Filing for Divorce While Deployed Military employment can be very difficult on a marriage and can also cause problems within a divorce. Charles E. Willmott, P. Prev Next. Name: Please enter your name.
This isn't a valid phone number. Please enter your phone number. This isn't a valid email address. In general, these attorneys cannot represent you in your divorce, but they can be helpful. They can also:. For example, the wife of a soldier can get help from a Marine Corps legal assistance attorney, and the husband of a sailor can get help at a Coast Guard legal assistance office. Employing a civilian lawyer is the best course of action in most cases. If you are low income, you might qualify for legal help from a non-military legal aid organization.
Then search for "divorce. The amount of child support in a divorce is determined by state law. It is ordinarily based on the total entitlements that is base pay, Basic Allowance for Housing, Basic Allowance for Subsistence, and any special pays of the servicemember. Generally, once the amount of child support has been set by a court, only a court can change it. Changin the amount requires another court hearing or else the consent in writing of the other party, set out in a "consent order.
However, before a court has determined the amount of child support, you can get assistance directly from the military. Each of the services except the Air Force has rules on how much the parent should pay. The court should also understand the potential for those amounts to change based on deployments, base transfers, and other factors. Generally, states provide for the direct payment of child support by "garnishment," or wage assignment.
This order must meet specific requirements before DFAS will provide a "wage garnishment" i. The local JAG or military legal assistance attorney can explain how to do this so that the pay center will act on the order. The former spouse:.
The scope of coverage is the same as that for federal employees. Service members have the option to contribute to a Thrift Savings Plan during their active service. Many people overlook this asset when going through a divorce. This TSP can be divided between the parties. It can also be given to one party in exchange for some other asset. The person named as the "beneficiary" of the Plan - usually a spouse or former spouse - will get ongoing payments after the service member dies.
Without SBP coverage, the pension payments end when the service member dies. The court can require SBP coverage upon divorce. For those retiring from active duty the cost of SBP is 6. This premium is deducted from the member's retired pay.
There may only be one adult beneficiary for SBP. So the benefit cannot be divided between, for example, a current spouse and a former spouse. The benefit is suspended if the former spouse remarries before age But the coverage will be reinstated if that remarriage ends with death, divorce or annulment. If the service member does not specify a "base amount," then the pay center will deem the base amount to be the full retired pay. Dealing with military pensions in a divorce is complicated. Get help from a lawyer who has experience with dividing military retired pay. This is not true. The divorce court can give the non-military spouse whatever share of a military pension that it thinks is fair.
Under this system, the retired pay center divides the monthly pension check, then sends the correct portion to each party. Where the " test" is not met but the court still awards division of the pension, the military spouse is responsible for making the monthly payments directly to the ex-spouse.
Having a spouse in active military service can affect your divorce in Pennsylvania . Even if you mutually decided to split, active military status could affect how you. For example, Sullivan said that Puerto Rican divorce courts will not divide a military pension between the service member and the spouse. So, while it would be.
To get your pension-share check from the retired pay center assuming that you meet the " rule" , you will need a court order that:. Submit the paperwork to DFAS immediately after the divorce in order to catch any problems right away. When getting a divorce, service members and their spouses must become familiar with the legal issues that affect military divorces.
A military divorce involves unique legal issues that are unlike those facing people outside oft he military.