Special Issues in Military Divorces

Those in the military facing divorce may have special concerns including jurisdiction, retirement, benefits and child custody.

2011-03-31

March 31, 2011 (Press-News.org) During military operations such as Enduring Freedom and Desert Storm, the United States Armed Services have fought to protect the interests of the nation. While service members offer their lives as a sacrifice to their country, there are other sacrifices that might not be so evident and that relate to a soldier's family.

In 2009, more than 27,000 divorces occurred in which at least one spouse was an active member of the Army, Air Force, Navy or Marine Corps. While this number represents a levelling in military divorce rates, the issue of military divorce presents unique issues.

Concerns of Service Members Facing Marriage Dissolution

During a divorce, couples struggle with basic separation, legal and financial matters. For a military man or woman, the issues might be complicated by more than emotions and distance. Special rules and laws apply to those in the military.

Jurisdiction

For soldiers, jurisdiction can exist in three places: the legal residence of the husband, legal residence of the wife or the soldier's duty station state. Consistent with protections outlined in the Soldier's and Sailor's Civil Relief Act (SSCRA), any family law action filed against a soldier must be in a state that has proper jurisdiction over him or her.

Retirement

State courts have also long accepted that military retirement pay is considered marital property and subject to equitable distribution. Under the Uniformed Services Former Spouse Protection Act (USFSPA), any military spouse is granted a percentage of the service member's retirement pay, based on the months of marriage and the member's creditable service time.

Benefits

Whether amicable or not, divorce also severs a former military spouse's access to benefits. Divorced spouses are precluded from continued health and dental care services, base-related services; and, at times, base access.

Children

Child custody, support and visitation are important issues in any divorce. All parents have the right to rear their children. However, courts consider many factors in determining the emotional, social and financial obligations of parents. Distance and estrangement can be a problem for a military member stationed far away. Courts now recognize this problem and work to foster healthy parent-child relationships through technology, including e-mail, instant messaging, and web chats considering virtual visitation, as well as traditional visitation schedules.

When dealing with a military divorce, knowledge is more than half the battle. Working with a competent military divorce lawyer can be crucial in preventing heartache and headache in the long run.

Article provided by Massachusetts Family Law Group
Visit us at www.thebostondivorcelawyer.com

ELSE PRESS RELEASES FROM THIS DATE:

Blood simple circuitry for cyborgs

2011-03-31

Could electronic components made from human blood be the key to creating cyborg interfaces? Circuitry that links human tissues and nerve cells directly to an electronic device, such as a robotic limb or artificial eye might one day be possible thanks to the development of biological components. Writing in the International Journal of Medical Engineering and Informatics, a team in India describes how a "memristor" can be made using human blood. Memristors were a theoretical electronic component first suggested in 1971 by Berkeley electrical engineer Leon Chua and finally ...

Mucus: Fighting the war against pollutants

2011-03-31

Are our bodies vulnerable to some pollutants whose lack of solubility in water, or "hydrophobicity," has always been thought to protect us from them? New Tel Aviv University research has discovered that this is indeed the case. Studies by Dr. Michael Gozin of Tel Aviv University's School of Chemistry at the Raymond and Beverly Sackler Faculty of Exact Sciences and Dr. Dan Peer of TAU's Laboratory of Nanomedicine in the Department of Cell Research and Immunology have revealed that mucus — the thick substance lining those internal bodily organs that come into contact with ...

Nevada Reconsiders the Use of Red-Light Cameras

2011-03-31

In 1999, the Nevada legislature passed a law banning the use of cameras to catch traffic violations at intersections. However, North Las Vegas is now pushing to change that law to allow the use of cameras to go after those running red lights. The current legislative bill to make the change has garnered the support of the Nevada Department of Transportation and the Nevada Sheriff's and Chief's Association. However, it is not without opposition. The Case For and Against Cameras Red light cameras work by videoing or photographing cars that do not stop for red lights. ...

A new method to localize the epileptic focus in severe epilepsy

2011-03-31

The first two stereo-EEG explorations in Finland were carried out by neurosurgeons of the Epilepsy surgery team in Helsinki University Central Hospital this spring. The method reinforces other examination methods already in use and opens an excellent opportunity in the exploration of the electric activity of both the surface and the deep brain structures during epileptic seizures. The examination also enables exact localization of the functionally important areas of the brain and improves safety of epilepsy surgery at a later stage. The stereo-EEG examination was developed ...

Case study reports singing lowers patient's blood pressure prior to surgery

2011-03-31

Doctors report that singing reduced the blood pressure of a 76-year-old woman who had experienced severe preoperative hypertension prior to total knee replacement surgery for osteoarthritis (OA). While the patient was unresponsive to aggressive pharmacologic interventions, the woman's blood pressure dropped dramatically when she sang several religious songs. This case-report appears in the April issue of Arthritis Care & Research, a journal published by Wiley-Blackwell on behalf of the American College of Rheumatology (ACR). Traditional therapy for preoperative hypertension, ...

Next Round in Fight over Entergy Ruling Expected This Year

2011-03-31

When the Texas Supreme Court upheld the ruling in the Entergy case on rehearing in 2009, it was a huge win for property owners to the detriment of injured workers. The failure of the state legislature to pass a law overturning the Entergy decision that same year seemed to signal defeat for those hoping to protect the rights of injured contract workers to fair compensation for their injuries. However, the fight over third-party liability for workplace injuries in Texas appears to be far from over. With the Workers' Compensation Division up for their sunset review this ...

KIT presents innovations at the 2011 Hannover Messe

2011-03-31

This release is available in German. Innovations relating to mobility, energy, bionics, and nano- and microtechnologies will be presented by KIT at the 2011 Hannover Messe from April 4 – 8. At its stand (Hall 2, stand C18), KIT will present a hybrid Porsche racing car, developments in battery research, materials and processes for printable electronics, the KIC InnoEnergy for a European energy supply system, and the Energy Solution Center (EnSoC) competence network. Moreover, KIT contributes to other stands and special exhibitions. KIT main stand, hall 2, (Research ...

'Spincasting' holds promise for creation of nanoparticle thin films

2011-03-31

Researchers from North Carolina State University have investigated the viability of a technique called "spincasting" for creating thin films of nanoparticles on an underlying substrate – an important step in the creation of materials with a variety of uses, from optics to electronics. Spincasting, which utilizes centrifugal force to distribute a liquid onto a solid substrate, already has a variety of uses. For example, it is used in the electronics industry to deposit organic thin films on silicon wafers to create transistors. For this study, the researchers first dispersed ...

NHTSA Proposing to Require Back-Up Cameras in All Cars

2011-03-31

A key federal safety agency has proposed a new rule that would require all new vehicles to have back-up cameras by 2014. The National Highway Traffic Safety Administration is seeking to implement a 2007 Act of Congress that directed NHTSA to amend the federal motor vehicle safety standard on rearview mirrors. The rule change is designed to improve the ability of a driver to detect pedestrians in the area immediately behind his or her vehicle and minimize the likelihood of a vehicle's running over a pedestrian while its driver is backing the vehicle. The proposed rule ...

New York Case Shows Dangers of Cosmetic Silicone Injections

2011-03-31

The quest to measure up to society's beauty ideals through cosmetic surgery can pose grave risks when the surgery is not done right. Improperly planned or performed surgery can lead to disfigurement and even death. Even more shocking, recently it has been discovered that unlicensed providers inject people with silicone and other illicit substances, including paraffin, petroleum jelly and hydrogel. Even a licensed provider can commit surgical errors if the operation was not properly planned and carried out. Many people know that medical malpractice law exists to compensate ...

Special Issues in Military Divorces

ELSE PRESS RELEASES FROM THIS DATE:

LAST 30 PRESS RELEASES: