The Service Members Civil Relief Act provides protection from lawsuits for members of the military while they are serving. The purpose of this is to allow for complete focus on the needs of national defense. This act can have significant ramifications on a divorce you seek from an active service member, and it is a good idea to work with College Station divorce attorneys who understand the process and can help.
A military divorce can be more challenging than a civilian divorce due to a number of factors, including jurisdiction. Suppose, for instance, that both spouses claim Texas as their state of residency, but the military spouse is stationed in Virginia. To confuse matters more, suppose he has been deployed to Afghanistan. It is possible to file the divorce petition in Texas or Virginia. However, the fact that he is overseas means that a divorce may have to wait until he returns. The military authorities can be requested to serve the service member with the divorce papers, but he has the right to refuse them. It is unlikely that the court will send a representative overseas merely to serve the papers.
Division of Property
Aspects of the division of property are handled differently in a military divorce as well. In some instances, the military member’s retirement pay can be divided. The Uniformed Services Former Spousal Protection Act dictates that up to 50% of a pension can be granted to the other party, but this is based on a formula which calculates the length of the marriage with the years of creditable service, as well as how many of these years were during the marriage.
The spouse of the military member is also eligible for full medical benefits, along with access to the commissary. This privilege ceases if the spouse remarries. If, however, the subsequent marriage ends in divorce, the benefits are resumed.
Care of the children is of the highest priority for family courts; therefore, the service member’s pay may be garnished to pay for child support. The amount taken, however, cannot exceed 60% of the military member’s salary.
Military Divorces Can Be Difficult and Complex
It is very important that you have College Station divorce lawyers in your corner if you are seeking a military divorce. Call Peterson Law Group to arrange a consultation at 979-703-7014 or 936-337-4681 today.