The rules pertaining to a military divorce in Virginia are a bit different than those for a civilian divorce. There are special laws that are enforced in Virginia that make a military dissolution of marriage more complicated.
Pittsfield, MA -- (SBWIRE) -- 02/20/2013 -- However, Legal-yogi.com understands these laws and the process of Virginia military divorce and is happy to share them. These laws include:
- Laws Protecting Active Duty Personnel
- Division of Property
- Spousal and Child Support
- Serving the Active Duty Spouse
Virginia Military Divorce Laws
A law protecting an active duty military person from being held in “default” on a divorce action exists. The Soldiers and Sailors Civil Relief Act makes it legal for an active duty service member to put a “hold” on answering a divorce summons until his tour is finished, and for up to 60 days thereafter. Because a military divorce is the same as a civilian one in Virginia, hiring a Virginia military lawyer may not be necessary. It is at the service person’s discretion whether or not to retain legal representation.
Military Person who are Looking for Divorce in Virginia can Request with Legal-yogi
Joint Property Division
For years, the former spouse of a military member was “hung out to dry” – that is, she got no money, no health insurance, no anything except the divorce from her ex-spouse. Another part of military divorce in Virginia is that, due to the Uniformed Services Former Spouse Protection Act (USFSPA), former spouses are entitled to a portion of a retired military member’s pension, to health insurance until the former spouse remarries or can obtain her own, and continued PX and commissary privileges for up to a year after the divorce is finalized.
Child and Spousal Support
When there are issues of child and spousal support in a military divorce, it may be wise to employ the services of a Virginia military lawyer. The attorney can help keep the process smooth and can make sure that no more than 60% of the service member’s pay is given to either child or spousal support. The normal paperwork for any divorce in Virginia is used to tabulate the proper amount of child support. Spousal support must be worked out with the lawyer.
Serving Divorce Documents
As part of military divorce in Virginia, active duty personnel must be served with a divorce action in person. If there is much contention between the divorcing couples, it will be a smart move to hire representation. If, however, it is an uncontested divorce, the service member may waive his right to face-to-face serving of the divorce petition.
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