October 27, 2012 (Press-News.org) Military divorce is different from civilian divorce because it is governed by both state and federal laws. If you are active in the military - or if you are married to someone who is - a divorce will affect you in a couple of unique ways.
Filing a Military Divorce
From the beginning, military divorce can involve issues that other couples do not encounter. For example, you must consider special jurisdictional factors. In most cases, a military divorce is filed in the state where the spouse lives, the state where the military member is stationed or the state where the military member plans to live after discharge. It is important to consider the unique laws of each state before commencing the action. Divorce laws differ from state to state, and your forum choice will be determinative of important issues like division of property and alimony.
Child Support, Child Custody and Child Visitation
Like those involved in civilian divorce, military members have the responsibility of supporting their children. The Department of Defense requires service members to comply with all support, custody and visitation orders. In fact, the military provides sanctions to members that fail to observe orders.
While child and spousal support are generally governed by state law, there are specific issues for military spouses, which involve calculating support amounts, modifying agreements and enforcing orders during deployment. For example, child support payments cannot exceed 60 percent of a service member's pay.
Due to frequent moves and the uncertainty of future deployment, custody and visitation issues are often very complex. For this reason, it is a good idea to have a solid grasp of the law.
Pensions Benefits
While a military divorce may be affected by state-specific laws, the federal law known as the Uniformed Services Former Spouses' Protection Act controls the division of military pension benefits. The law permits direct payment of a portion of a military retiree's pay to the former spouse. Furthermore, it allows state courts to divide retirement benefits as either separate property of the military member or as marital property belonging equally to both spouses.
Under federal law, former spouses are eligible for full medical, commissary and exchange privileges when all of the subsequent conditions are met:
- The military member performed at least 20 years of service
- The spouses were married for 20 years or more
- There was at least a 20-year overlap of the union and military service
If you are considering a military divorce, you should be knowledgeable about the role of the Uniformed Services Former Spouses' Protection Act. There are unique qualities of military divorce that are not applicable to civilian proceedings. If you have questions about your military divorce, you may want to speak with a qualified family law attorney about your case.
Article provided by Anthony C Starks Law Office
Visit us at www.anthonystarkslaw.com
Differences Between Military and Civilian Divorce
There are significant differences between military divorce and civilian divorce. Issues surrounding filing, child support, child visitation and pension benefits vary in these cases.
2012-10-27
ELSE PRESS RELEASES FROM THIS DATE:
Report Finds Drivers Cause Most Fatal New York City Pedestrian Accidents
2012-10-27
New York residents who enjoy walking and biking know the importance of safety. It is often assumed that when a pedestrian or biker is killed in a motor-vehicle accident, it is simply an incident caused by the victim's own negligence.
It is surprising that a majority of fatal personal injury accidents involving pedestrians and bikers in New York City are actually caused by drivers who break the law, according to an article in The Epoch Times which cited a study by Transportation Alternatives, a transit advocacy group. A variety of traffic violations contribute to pedestrian ...
Statistics Indicate Mortgage Fraud Increasing in California
2012-10-27
According to the California Association of Realtors, this year mortgage fraud has increased by 60 percent throughout the country. The rise in mortgage fraud is part of an ongoing trend over the past few years. The Federal Bureau of Investigation has seen a significant rise in mortgage fraud cases since 2008.
Studies show that California is among the states with the highest rates of mortgage fraud. California ranks as one of the top nine states with cases of mortgage fraud per capita. The Los Angeles-Long Beach-Santa Ana area is one of the top metro areas in the nation ...
Authentic Cuba Travel Has Prepared a Simplified Guide to Attractions in Havana
2012-10-27
Toronto based Authentic Cuba Travel, the leading provider of escorted tours to Cuba, is pleased to announce a new website dedicated to providing travelers with a simplified directory of the most important attractions that Havana has to offer. The directory is not comprehensive. Instead, it is a guide to help those on short education trips or research Cuba tours decide what to visit in Havana when staying only a few days.
Havana, the capital and cultural center of Cuba, offers many attractions and activities for visitors to the island. While the list of cultural and historic ...
Boisdale on Ice: London's First Skate Path Opens at Ice Rink Canary Wharf
2012-10-27
This winter, Canary Wharf will unveil its stunning ice rink, set under the impressive towers surrounding Canada Square Park. Returning for the eighth time but now under new management, and proudly sponsored by Hublot and Prime Location, this year's 'Ice Rink Canary Wharf' will be bigger and better than ever. The 800m2 rink features London's first 'skate path', leading skaters on a glittering trail through trees lit by fairy lights.
Ice Skating in London
Skate lessons will be available to everyone throughout the day, from fully-qualified and certified National Ice Skating ...
World's First Female-to-Male Detective Takes a Bow
2012-10-27
Channel Islands imprint, Liberation Publishing, is publishing its first novel, "Black Art" by Vic Tanner Davy, on 1 November 2012. A crime thriller, featuring the world's first female-to-male transsexual detective, it is about a genealogist's attempts to uncover the truth surrounding the disappearance of the grandmother of a British actress called Helen Valentine.
The novel is set in the present day, but its protagonist, Arty Shaw, is a genealogist who is asked to research the disappearance of Kay Marett in 1942 so, inevitably, there is an historical element ...
Measuring molecules with the naked eye
2012-10-26
When someone develops liver cancer, the disease introduces a very subtle difference to their bloodstream, increasing the concentration of a particular molecule by just 10 parts per billion.
That small shift is difficult to detect without sophisticated lab equipment – but perhaps not for long. A new "lab on a chip" designed by Brigham Young University professor Adam Woolley and his students reveals the presence of ultra-low concentrations of a target molecule.
As the BYU researchers report in the journal Analytical Chemistry, their experiments detected as little as a ...
Elevated formaldehyde levels found in day care centers
2012-10-26
Berkeley — A new, comprehensive survey of day care centers by University of California, Berkeley, researchers found that, overall, the environmental quality in child care settings was similar to other indoor environments, but that levels of formaldehyde and several other contaminants exceeded state health guidelines. Cleaning- and sanitizing-related chemicals were also present in the air, and sometimes at higher levels, than in comparable studies on homes.
The study, funded by the California Air Resources Board (CARB), is the first detailed analysis of environmental contaminants ...
Efforts to mitigate climate change must target energy efficiency
2012-10-26
Much more must be done to develop energy efficient cars, buildings and domestic appliances to address climate change – according to new research from the Tyndall Centre for Climate Change Research at the University of East Anglia.
A report published today in Nature Climate Change shows that twice as much effort is being spent on developing energy supply technologies - such as new power stations - than is spent on improving the efficiency with which energy is used.
The research shows that efficient end-use technologies have the potential to contribute large emission ...
Watching the cogwheels of the biological clock in living cells
2012-10-26
Our master circadian clock resides in a small group of about 10'000 neurons in the brain, called the suprachiasmatic nucleus. However, similar clocks are ticking in nearly all cells of the body, as demonstrated by the group of Ueli Schibler, professor at the Department of Molecular Biology of the University of Geneva, Switzerland. The molecular mechanisms of circadian clocks can thus be studied outside of the animals, in cultured cells.
A system to study gene regulation live in single cells
"Given the important role of the DBP protein in the regulation of detoxifying ...
Researchers decipher the mecanism of membrane fission
2012-10-26
A cell is composed of a nucleus which encloses its genetic information and the cytoplasm which is itself confined by an external membrane separating the cell from the outside world. The impermeability of the membrane and its ability to repair itself protect the cell from its environment. Although this membrane resistance is fundamental to the survival of the cell, the cell also needs to let in particles necessary for its proper functioning. The mechanism by which a small region of the cytoplasmic membrane invaginates to form a bud that will then be sectioned off to let ...
LAST 30 PRESS RELEASES:
International survey finds that support for climate interventions is tied to being hopeful and worried about climate change
Cambridge scientist launches free VR platform that eliminates the fear of public speaking
Open-Source AI matches top proprietary model in solving tough medical cases
Good fences make good neighbors (with carnivores)
NRG Oncology trial supports radiotherapy alone following radical hysterectomy should remain the standard of care for early-stage, intermediate-risk cervical cancer
Introducing our new cohort of AGA Future Leaders
Sharks are dying at alarming rates, mostly due to fishing. Retention bans may help
Engineering excellence: Engineers with ONR ties elected to renowned scientific academy
New CRISPR-based diagnostic test detects pathogens in blood without amplification
Immunotherapy may boost KRAS-targeted therapy in pancreatic cancer
Growing solar: Optimizing agrivoltaic systems for crops and clean energy
Scientists discover how to reactivate cancer’s molecular “kill switch”
YouTube influencers: gaming’s best friend or worst enemy?
uOttawa scientists use light to unlock secret of atoms
NJIT mathematician to help map Earth's last frontier with Navy grant
NASA atmospheric wave-studying mission releases data from first 3,000 orbits
‘Microlightning’ in water droplets may have sparked life on Earth
Smoke from wildland-urban interface fires more deadly than remote wildfires
What’s your body really worth? New AI model reveals your true biological age from 5 drops of blood
Protein accidentally lassos itself, helping explain unusual refolding behavior
With bird flu in raw milk, many in U.S. still do not know risks of consuming it
University of Minnesota research team awarded $3.8 million grant to develop cell therapy to combat Alzheimer’s disease
UConn uncovers new clue on what is leading to neurodegenerative diseases like Alzheimer’s and ALS
Resuscitation in out-of-hospital cardiac arrest – it’s how quickly it is done, rather than who does it
A closer look at biomolecular ‘silly putty’
Oxytocin system of breastfeeding affected in mothers with postnatal depression
Liquid metal-enabled synergetic cooling and charging: a leap forward for electric vehicles
Defensive firearm use is far less common than exposure to gun violence
Lifetime and past-year defensive gun use
Lifetime health effects and cost-effectiveness of tirzepatide and semaglutide in US adults
[Press-News.org] Differences Between Military and Civilian DivorceThere are significant differences between military divorce and civilian divorce. Issues surrounding filing, child support, child visitation and pension benefits vary in these cases.