Delta, PA -- (SBWIRE) -- 02/27/2013 -- When an Army member is getting a divorce, the Army provides a Judge Advocate General to give him free legal advice. The JAG helps the learn how to get a divorce in the Army and offers a guiding hand to explain the sometimes complicated divorce petition. The JAG can also give assistance to the soldier by drafting letters and helping with forms. The only thing a JAG cannot do is represent him in family court, so it is best to hire a non-military divorce attorney to get the best divorce settlement possible.

Legal-yogi.com has researched military divorce procedures and would like to share its findings, such as:

- Judge Advocate General
- Military Divorce Myths
- Petition Extension period
- Similarities

The JAG Counsel

Myths Associated with Military Divorce

There is an incorrect assumption that if a military marriage does not last longer than 10 years, the former spouse cannot receive pension benefits. Part of divorce in the Army is fair division of what the court proclaims as community property, such as military retired pay. As much as 65% of a military retired member’s pay can be granted to the ex-spouse. In order for the defense department to pay this directly to the former spouse, the marriage has to have lasted 10 years and overlapped with active service. Otherwise, the soldier has to pay it himself.

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Divorce Petition Extension

Another facet of how to get a divorce in the Army involves a specific law. Due to the Service members Civil Relief Act, an active duty Army soldier can legally postpone his response to a divorce petition. He can do this for the entirety of his tour and for up to 60 days after its completion. This putting off of the petition can be frustrating for the former spouse, but there’s nothing she can do about it except wait and then pursue it.

Similarities between Army and Civilian Divorces

Here are a few likenesses civilian and Army divorces share. When getting a divorce in the Army, hiring a civilian divorce lawyer is in the best interests of the soldier. In a civilian divorce, the same idea applies. Getting sound legal representation is beneficial to anyone dissolving their marriage. Also, where the divorce petition is filed determines jurisdiction, so if a spouse files in New York, a New York State family court judge will preside over the process.

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