When it comes to law a divorce is a divorce and even within the military it is considered a divorce, however average people call a divorce within the military a military divorce. Several divorces occur between a man and woman who are both a part of the military; however their divorce is treated the same as civilian couple.
Even though a military divorce is the same as a civilian divorce there are some lying factors that a civilian divorce will not incur such as a permanent station overseas or an active duty assignment.
One of those most important factors that comes onto play when it comes to a military divorce is the divided military retired pay. This is decided upon by your state. Here are some different ways that military retired pay is separated:
Uniformed Services Former Spouse's Protection Act: This act applies to all active and retired military personal. When it comes to this act there are several things that must be looked at for a spouse to gain it, however if they are eligible they could receive commissary and exchange privileges and full medical. However, these rules play out when checking for eligibility:
At least a 20 year overlap of marriage and military services
Military member performed at least 20 years which is eligible for retired pay
Marriage has lasted for 20 years
However, when a spouse remarries the benefits expire.
The Federal Law that Awards Military Retired Pay- This pay is based off the requirement of the interested parties state laws.
Hiring an Attorney
When it comes to hiring an attorney there are many questions you need answered and if you cannot find those answers the attorney is probably not the best for you. Look to these tips however to find out if the attorney is good or if they're just saying their good.
Find out how long they have been an attorney
Look into his/her history. Are they a professional divorce lawyer? If not, how many cases of divorce have they handled?
Check for hourly rate
Some lawyers go by a set fee, other's an hourly rate so check carefully for which one the potential attorney does.
Does the lawyer require a retainer? This can cost up to $3,000 or more sometimes.
When will your fee have to be paid and can you make payments?
Find out how much the lawyer believes alimony should cost you.
Ask the lawyer for references
Have several different interviews with various lawyers before deciding on one.
You should be comfortable with the lawyer you selected. This includes their experience, demeanor and fee.
Once you have hired an attorney you should receive these things:
Updated information on what is going on with your case, its proceedings and negotiations.
Phone calls returned promptly
Receive copies of all documents from court and your spouse's attorney.
Published by Laura Frost
Mother of two, hardworker, satisfied and ready to move on in my career as a professional writer. I love writing about history of any type, women, traveling and nature. View profile
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