Delta, PA -- (SBWIRE) -- 12/30/2013 -- Couples everywhere are stretched by military demands and considering divorce. What they should realize before jumping into proceedings their case may vary from civilian divorce. Service and separation will determine the time frame of the divorce, the state of jurisdiction, and division of assets (figured and named differently in the military). Legal –Yogi would like to offer help with this quandary shared by many:

- Different than Civilian Divorce
- Where to File?
- Division of Property
- Good Help, Knowing Laws and Policies

Different than Civilian Divorce

With the complications presented by military divorce, the courts take measures to separate them from civilian divorces. In civilian divorce, spouses have to indicate they are not in the armed forces. Filing in the military divorce process is also more complicated because of ambiguity around residency and the location of either spouse around the time of severance. Timing of the divorce is not optional because of duty (but there may be separation to fill any delays).

Where to File?

Spouses have the option of filing in the different states they have lived in. The military considers the different states the couple has resided as residency in different forms. These even include the home inhabited at the beginning of service. Spouses have to agree on a state in which to file.

The initiating spouse has the power of influencing the decision as to where the divorce as held, depending on the convenience, or laws in that state.

Division of Property

Military divorce information on “naming” assets varies per state, the time of service, and the length of the marriage. Pension depends on the amount of the amount of service and the amount of overlapping marriage time. If the military spouse served for at least 20 years and the couple was married for at least 20 of those years, the non-military spouse is entitled to division of retirement, commissary, and health benefits. Those with 15 years of marriage overlap are entitled to one year of benefits.

Retirement is divided based on different optional arrangements (and state schedules) that should be researched and considered across parties with a good military divorce lawyer.

Good Help, Knowing Laws and Policies

Again, unique considerations around benefits and state residency may require a specialist. Military spouses should feel solid with support on state laws and policies, as well as knowledge of the extent of the military’s involvement.

The military may provide legal help for either spouse to ensure civil mediation, but some will want more. Military spouses should feel entitled to the best military divorce help to defend them in case of a budding dispute.

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