Divorces, in general, are complicated matters but they become more complex when the divorce involves a member of the Armed Forces. Though many aspects of a military divorce are similar to that of a civilian matter, there may be some complications as well.
One of the most difficult matters when it comes to a military divorce is the ability to satisfy a residency requirement. When one, or even both, of the spouses are overseas on deployment or stationed in another location, there may be complications in serving them divorce papers or vice versa. Another common question that people have in a military divorce is whether the civilian spouse will receive any of the military spouse’s pension. The pension follows the 10/10 rule, meaning that the marriage lasted 10 or more years and the spouse served for 10 years. In order to receive full benefits from your former military spouse, you must meet the qualifications of the 20/20/20 test. These include having a marriage to the service member that lasted 20 years, the service member must have served for at least 20 years, and at least 20 years of the marriage must overlap 20 years of the active duty. There is also an option that would give partial benefits depending on your situation.
It is important that you hire an attorney who has an understanding of military regulations if you are a service member or the spouse of a service member and wish to get divorced. Contact our firm for experienced legal representation in your military divorce.
If you are in need of experienced and dedicated legal counsel, please contact The Penichet Firm and we will be happy to assist you in your family or criminal law matters.