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.
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