Wednesday, 16 January 2013

Military Divorce Help



Battle weary and recovering in a hospital from shrapnel wounds I received in combat I was not myself when I received the news that my wife was seeking a divorce. I was to return to the front lines within the next few months and admittedly was despondent. Unsure if my wounds would eventually force me into military retirement divorce was the last thing I needed. I had a duty to perform however and still had a laser like focus on vigilantly fighting for my country, but I guess I had become apathetic about my family back home. Did I feel guilty? Perhaps somewhere deep in the recesses of who I was held on to the emotions I should have been feeling for the dissolution of my marriage but at the time I maintained a steely gaze towards the horizon and simply approached it in a workmanlike fashion.

Somebody in the military overheard a conversation I was having and mentioned that I should visit the website legal-yogi.com. “Don’t worry, you have time. Since you are still on active duty you don’t have to rush into anything.” So I went to a local library where there were some computers and began my research on military divorce through the website Legal-yogi . I found their website initially very informative and easy to navigate. The drop down menu on military divorce provided me with a good starting point for what to expect in the coming months.

I contacted a representative and the first thing I asked was “Do I need a lawyer for this divorce?” I really had no idea how complicated a military divorce could be. Since there was a child involved they said they’d find a good attorney specializing in child custody cases that was local to the state my spouse resided in. Legal-yogi.com also provided me with two very important things to know about being in the military and going through a divorce.

The Service Members' Civil Relief Act (SCRA)

This program provided me with some added comfort and related to what someone had told me earlier. It protects me from the distraction of a civil litigation like divorce for a period of time while I’m on active duty. The protection lasts about three months even after active duty ceases.

The Uniformed Services Former Spouses' Protection Act (USFSPA)

Created in 1982 the USFSPA realizes that homeland support of a military service member’s family is like supporting the military as a whole. My spouse would be entitled to 50% of my retirement funds after a divorce even if she were to remarry down the road. She won’t need to prove a need because military retirement pay in the court of law is considered property and not considered income.

Clearly there were benefits and disadvantages presented to me and I had to figure out what I wanted to fight for as we proceeded. Legal-yogi.com introduced me to a local divorce law firm in Texas that began counseling me for the duration of the divorce proceedings and things actually went smoothly. I recovered fully from my wounds and was able to maintain an active career in the military.