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All About Military Divorce

A military divorce is governed by specific rules than a typical civil divorce. A consultation with a lawyer experienced in these different rules is recommended should you be engaged in a military divorce.

There are requirements for the service of divorce papers on people serving on active duty. If the spouse on active duty is in a foreign country or deployed during war, military personnel have to accept to serve them. To know more about military divorce you can explore www.farrell-hawaii.com/practice-areas/military-divorce/..

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They are also able to not serve that could mean waiting for their return. The distribution of a pension from the military can also be subject to separate laws that differ from those of the state in the divorce case. In addition, the Uniformed Services Former Spouses Protection Act permits state courts to exercise wide latitude in the treatment of pensions as sole property of the military person or both the military member and spouse.

However, if marriage and the service lasted for over ten years, it will be divided and distributed to the spouse who was divorced through the Defense Finance and Accounting System in accordance with statutory requirements.

Additionally, under the Uniformed Services Former Spouses Protection Act the former military spouse is entitled to all benefits in the event that the marriage lasted more than 20 years and the spouse completed 20 years of service. If the former spouse is remarried, benefits are canceled. However, benefits will be reinstated in the event that the marriage ended in divorce.