Mediating a Military Divorce Oct 15 2016 from ADR Online Courses
Military couples will also go through the same procedural process when divorcing. But they must also be aware that there are other factors that the typical civilian couple will not have to address, and which may prolong the process because of the very nature of one of the party’s military service, such as an active duty assignment in a remote area, or a permanent station overseas.
Besides understanding the basic divorce process, it is imperative that military couples are knowledgeable in the factors that will affect their divorce as a result of military service. In fact, it may be even more important to know about the federal law that divides military retired pay.
When a military family goes through a divorce, unique issues come up. Understanding the complex issues in a military divorce will lead to better decisions and fairer outcomes.
Where to file for divorce?
The law typically allows for the filing of a divorce in the state where either the husband or the wife has a legal residence. The person starting the divorce usually files in the state where he/she lives.
Will the former non-military spouse be eligible for military retirement pay from the military spouse? It’s important to know how that state handles the division of military pensions. The federal law governing the division of military pensions is the “Uniformed Services Former Spouses’ Protection Act” (USFSPA).
Interim Support Requirements for dependents children and spouse? Each branch of service has regulations requiring support of the dependents. Air Force 36-2906; Army Regulation 608-99; Coast Guard (See Chapter 8.M of the Personnel Manual, Commandant Instruction M1000.6A); Navy & Marine Corps Support Guidelines. Support is normally equal to the Basic Housing Allowance (BHA) or Overseas Housing Allowance (OHA). This can be divided by the number of dependents especially if there are other minor children from a previous marriage. The parties can also agree to an amount.
Medical Care for dependents:
until their is a final judgement declaring the marriage the non-military is eligible for medical care under the department of Defense system. Minor and dependent children will continue to be eligible for medical care until they reach the age of majority, eighteen (18).
Visitation plan with Minor Children
SHARED PARENTING PLAN
VISITATION: The child has the right to spend time with both parents. A shared parenting plan is to be established to ensure that the minor child named above, have frequent and continuing contact with both parents and that it is in his/her best interest that custody be awarded to both parents rather than either parent being named sole custodian of the child because both parents should share equally in the care and upbringing of the child. It is very important that both parties recognize that this child is not a bargaining chip and will not be treated as such. Each of the parties shall exercise the utmost good faith and shall consent to all reasonable requests for visitation by the other party.
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