The life of a service member can be a difficult one for not only that person, but also the family. In many cases, the challenges faced - movement to a different base or deployment - are mostly out of the hands of the military member, but can be a challenge for the entire family. Unfortunately, when it comes to divorce, these types of issues unique to service members can also creep up.
When a Missouri military divorce takes place, there are many different issues that must be navigated. Some of these could be in dispute, so it is important to understand the Uniformed Services Former Spouses' Protection Act (USFSPA). Under this act, the right to distribute military pay when a service member ends his or her marriage is given to state courts. USFSPA also gives a method of enforcement via the Department of Defense (DOD). There is a limit to the amount a non-military spouse can get from the military member's pay. There is a maximum payment amount.
Divorce is often inevitable. Some people are not able to deal with differences in a marriage and the dispute gets to the point at which staying together is no longer feasible. For people in the military, this is a prevalent issue. Missourians who are in the military in any capacity should be aware of various situations that are prominent in a military divorce. One recent study highlights the problems that are inherent with military couples and their divorce rates.
Missourians who are either in or have served in the United States military are not immune to the family problems that can lead to a divorce. In fact, being a military family carries with it certain responsibilities and pressures that might make it more difficult for some couples to remain together. No matter the situation, whether it is a couple with both spouses in the military, active duty service members or military retirees, it is essential to have legal assistance if there is a dispute and a pending divorce.
Veterans, military members and their non-service member spouses who reside in or are stationed in Missouri and are getting a divorce will undoubtedly have questions about how their benefits will be allocated when the case is decided. Divorce issues are complicated, but when there is a dispute over military benefits, it is of greater difficulty. A case that went to the U.S. Supreme Court was decided and it will have an influence on how a military divorce and its benefits are handled.
While military action has not made major headlines in the last few weeks, overseas deployments still occur (and will continue to do so). If you are a single or newly divorced enlisted parent, you understand that you may be deployed again. Because of this possibility, several things should be in order when you receive deployment orders.
You've done everything you can to be the best parent you can be, including taking on jobs to make ends meet that requires courage and dedication, such as service in the U.S. military. You knew when you got divorced that things wouldn't be easy. After all, it's challenging enough being a single parent in Missouri with a civilian job without factoring in the logistics of active duty deployments and potential changes of residence if you're orders take you somewhere else.
When you are going through a divorce, there are a multitude of things that need to be taken care of. Often, it is stressful and overwhelming, especially if there are children involved in the separation. As difficult as the legal process is for civilians, for military service members, the legal process of a "military divorce" has more nuance and involves special requirements.
Serving in the armed forces is a noble pursuit that not all individuals are prepared to undertake. It requires a special type of man or woman to commit to the rigors of military life and as some St. Louis residents may be aware it can be challenging to carry on a civilian life contemporaneously with a military carrier.
In order to file for divorce, the person filing for divorce must establish minimum residency requirements in that state. This residency requirement can range from three months to six years, depending on the laws of that state. So, generally, a person's legal residence is the state they are currently living in and is not an issue for most people to establish. However, when it comes to military servicemen and women, the issue can be rather complicated as they may have a permanent residence in one state but then may be stationed in another.