February 01, 2013 (Press-News.org) A Pennsylvania military divorce creates several unique rights and issues in comparison to a traditional civilian divorce -- especially in relation to procedure, property division and marital or child support payments. Specific state and federal laws apply to the process. Before you continue reading, however, bear in mind that in a simple, uncontested no-fault divorce wherein the husband and wife are in full agreement, either party may be in the military, and such a divorce is no more difficult than if neither party were in service.
Commencing a military divorce
To fulfill the military divorce filing requirements, the husband and/or wife must reside in the state or be posted, based or stationed in the state for the required length of time (six months in Pennsylvania) or have a military home of record in the state. The active duty spouse must be personally served with a summons and a copy of the divorce action in order for a Pennsylvania court to have jurisdiction over the party. However, in an uncontested case, the military spouse would not have to be served if he or she consents to the divorce in writing on the appropriate document(s) furnished by the lawyer.
Military personnel are often preoccupied with important service matters when they are active and on duty. In an effort to protect the rights of soldiers during service, the Soldiers and Sailors Civil Relief Act postpones divorce proceedings for the entire time the active service member is on duty and for up to two months thereafter. However, the right to have the divorce proceedings postponed can be waived. Nevertheless, the law provides cushion room for those dealing with deployment duties.
Division of property in a military divorce
The Uniformed Services Former Spouses' Protection Act, which is inapplicable to civilian divorce proceedings, governs how military retirement benefits are calculated and divided upon divorce. This law is the governing body that authorizes a direct payment of a portion of a military retiree's income to the former spouse. Of course, the parties are free to make their own agreement and that includes deciding to have no agreement at all.
Federal laws will not divide and distribute any of the military member's retirement to the spouse unless they have been married 10 years or longer. The military spouse must have been active during this period.
Support payments
In Pennsylvania, both child support and spousal support may not exceed 60 percent of a military member's income and allowances. The standard Pennsylvania child support guidelines and schedules are used to determine the proper amount of child support to be paid.
Article provided by Reisman & Davis
Visit us at www.padivorce.com
Military Divorce: Procedure, Property Division and Support Payments
A military divorce does not make the marriage dissolution process more difficult than a civilian divorce. However, some rights and issues differ under state or federal laws.
2013-02-01
ELSE PRESS RELEASES FROM THIS DATE:
Sex Crimes: California Churches and Schools
2013-02-01
You may assume that only a particular type of person can be accused of a particular type of crime. However, in reality, many different people -- doctors, lawyers, politicians -- confront egregious criminal allegations. While some individuals may be highly regarded in society, this does not preclude them from butting heads with the law.
For example, recent news articles speak of Los Angeles Roman Catholic Archdiocese officials, who purportedly protected priests who sexually molested children. Sources explain that the archdiocese kept parishioners shielded from the issue ...
New Year Brings New Questions About Massachusetts' "Three Strikes" Law
2013-02-01
The ringing in of a new year usually brings with it a renewed sense of hope and a feeling of endless possibilities. Opening the calendar to "January" is seen as a way of wiping the slate clean on past mistakes. This may be true for some, but the year isn't starting out that way for everyone in Massachusetts, particularly those now subject to what some are calling a draconian "three strikes" law.
"Melissa's Law"
The Massachusetts habitual offender law began as a well-intentioned idea by the family of a teacher killed in 1999. The person ...
New York Distracted Driving: Cell Phones Behind the Wheel Can Be Deadly
2013-02-01
The greater Rochester, N.Y., community remembers all too well and with pain the horrible, fiery motor vehicle accident in 2007 that killed 5 cheerleaders, just 17 and 18, who had just graduated from high school in suburban Fairport. The girls, all close friends, had just won a national cheerleading title and were on their way to a weekend getaway, when their SUV swerved into the wrong lane on a two-lane highway into the path of a semi truck.
While the investigation into the SUV-truck crash found several possible contributing factors, it had to be particularly painful ...
Rising Divorce Rates Among Older Couples Bring Unique Concerns
2013-02-01
Older Americans are divorcing more often than in the past, raising particular issues for the divorcing spouses in particular, and for U.S. society in general, particularly in states such as Florida with high numbers of older residents. Two major areas of potential vulnerability exist for seniors who divorce in their later years: physical well being and financial security.
The Bowling Green study
A 2012 study of "gray divorce" has attracted significant national attention. Sociologists Susan L. Brown and I-Fen Lin looked in depth at existing research and at ...
Court to Rule on Use of "Mixed-Motive" Defense in Discrimination Cases
2013-02-01
A case pending before the California Supreme Court could have a major impact on plaintiffs' abilities to recover damages in employment discrimination cases. The case, Harris v. City of Santa Monica, asks the court to decide whether employers may assert the "mixed-motive" affirmative defense to avoid liability in employment discrimination claims brought under the California Fair Employment and Housing Act.
Harris, the plaintiff in the case, was hired by the City of Santa Monica ("the City") as a bus driver trainee. As a trainee Harris had one "preventable ...
Holiday Arguments May Lead to More Charges for Domestic Violence
2013-02-01
When a couple spends a lot of time together, it is no surprise that the occasional argument will take place. A problem occurs, however, when these arguments escalate and lead to domestic violence. During the holiday season, authorities were on the look-out for domestic violence crimes.
Several authorities, including members of the State Police, have stated that they typically see issues with domestic violence around the holiday season. They acknowledge, however, that evidence of a greater amount of domestic violence during the holidays is based more on practical experience ...
Virginia's Silent Danger: Hybrid Cars??
2013-02-01
Since their introduction, hybrid cars have been touted for their "green" technology and fuel efficiency. And while their fuel economy can hardly be disputed, their silent operation at low speeds has created some safety concerns for the pedestrians who cannot hear the cars bearing down on them.
Accordingly, the National Highway Traffic Safety Administration (NHTSA) recently recommended requiring hybrid and electric cars to meet minimum sound standards so that pedestrians are aware of the their presence - hopefully reducing pedestrian accidents here in Virginia, ...
Theft of Tax Refunds is on the Rise
2013-02-01
A recent government report indicates that the number of tax refunds being stolen is increasing at an alarming rate. This type of theft occurs when a person steals another's identity and then uses the stolen identity to file a fraudulent tax return and collect a refund. According to a report issued by the United States Government Accountability Office, or GAO, there has been a striking 62 percent increase in the amount of tax fraud being used to steal refunds in 2012 from the previous year.
Tax fraud and identity theft
This combination of tax fraud and identity theft ...
Provost Umphrey Law Firm Tackles Women's Health Issues
2013-02-01
Provost Umphrey Law Firm, L.L.P., announces a new priority in taking a leading role in pursuing women's health-related litigation.
"Over the past several years, our firm has focused its resources in a large part on women's health issues such as breast cancer and birth control devices," said Provost Umphrey attorney Christopher Kirchmer, who practices personal injury trial law focusing on pharmaceutical and medical device product liability. "It is important for women to be aware of current drug and product recalls because if you have a problem related to ...
NTSB Seeks to Require Interlock Devices for DUI Offenders
2013-02-01
The National Transportation Safety Board seeks to ensure all motorists on the nation's roadways are as safe as possible. Drunk driving accidents are a major concern for the NTSB, accounting for up to one-third of all fatal accidents in the nation, according to its data. The federal organization has recently released a recommendation for states to require the use of interlock devices for DUI offenders. Michigan already requires the use for drivers who are arrested with blood-alcohol contents above twice the legal limit.
The recommendation is non-binding and is only a ...
LAST 30 PRESS RELEASES:
New route to ‘quantum spin liquid’ materials discovered for first time
Chang’e-6 basalts offer insights on lunar farside volcanism
Chang’e-6 lunar samples reveal 2.83-billion-year-old basalt with depleted mantle source
Zinc deficiency promotes Acinetobacter lung infection: study
How optogenetics can put the brakes on epilepsy seizures
Children exposed to antiseizure meds during pregnancy face neurodevelopmental risks, Drexel study finds
Adding immunotherapy to neoadjuvant chemoradiation may improve outcomes in esophageal cancer
Scientists transform blood into regenerative materials, paving the way for personalized, blood-based, 3D-printed implants
Maarja Öpik to take up the position of New Phytologist Editor-in-Chief from January 2025
Mountain lions coexist with outdoor recreationists by taking the night shift
Students who use dating apps take more risks with their sexual health
Breakthrough idea for CCU technology commercialization from 'carbon cycle of the earth'
Keck Hospital of USC earns an ‘A’ Hospital Safety Grade from The Leapfrog Group
Depression research pioneer Dr. Philip Gold maps disease's full-body impact
Rapid growth of global wildland-urban interface associated with wildfire risk, study shows
Generation of rat offspring from ovarian oocytes by Cross-species transplantation
Duke-NUS scientists develop novel plug-and-play test to evaluate T cell immunotherapy effectiveness
Compound metalens achieves distortion-free imaging with wide field of view
Age on the molecular level: showing changes through proteins
Label distribution similarity-based noise correction for crowdsourcing
The Lancet: Without immediate action nearly 260 million people in the USA predicted to have overweight or obesity by 2050
Diabetes medication may be effective in helping people drink less alcohol
US over 40s could live extra 5 years if they were all as active as top 25% of population
Limit hospital emissions by using short AI prompts - study
UT Health San Antonio ranks at the top 5% globally among universities for clinical medicine research
Fayetteville police positive about partnership with social workers
Optical biosensor rapidly detects monkeypox virus
New drug targets for Alzheimer’s identified from cerebrospinal fluid
Neuro-oncology experts reveal how to use AI to improve brain cancer diagnosis, monitoring, treatment
Argonne to explore novel ways to fight cancer and transform vaccine discovery with over $21 million from ARPA-H
[Press-News.org] Military Divorce: Procedure, Property Division and Support PaymentsA military divorce does not make the marriage dissolution process more difficult than a civilian divorce. However, some rights and issues differ under state or federal laws.