How to get a divorce if you are in the Army?
Military divorce requires separate rules and guidelines to cease the marital responsibilities of the person working in various Military services. The Uniformed Services Former Spouse’s Protection Act (USFSPA) introduced by the government protects the interest of the husband and wife’s engaged in the divorce process. There is special guideline regarding the military pay, separation pay, retirement and disability pay during the process of divorce.
Military divorce-rules and regulations
Contested divorce of Army member is time consuming and costly to the parties. Usually army appoints Judge Advocate General to the members to provide legal service at free of cost. You can also appoint a civilian divorce attorney specialised in military divorce laws and USFSPA if you feel the Judges Advocates General is not providing the sufficient service.
The army personal can also get protection under The Service members Civil Relief Act, or SCRA. This law also give protection to the Army personals against responding to the lawsuit when they are on duty. That means the members in the Army can legally postpone the divorce procedure if he is deployed for any training or duties.
Majority of the State legislations in USA usually allow the army members or their spouse to file the litigation for separation in the state where the army member is stationed. Divorce settlement and process of divorce will be granted according to the State laws where the petition is filed.
Under the guidelines of USFSPA former spouse of the army personal is eligible to get some military benefits. The benefits from a military divorce can be either full privileges or limited privileges. The ex-spouse of army officer can be entitled the benefits from the very date of divorce itself. Under the military benefits the spouse is eligible for full medical, and exchange privileges. Click here to know more about the military divorce benefits. The military benefits to the ex-spouse will be ceased if they remarry another person. It can be revived if the subsequent marriage also ends up with divorce.
If the ex- spouse of army personal is included in any of the employee sponsored medical schemes then they are not eligible to get any other medical benefits from the military service. It is obligatory by the Army members to give continuous support to the wellbeing of their children. Total amount to be payable to the support of children may not exceeds 60% of the pay and allowance of the military members.