Military Divorce

The first thing you need to understand is that there are lawyers and there are lawyers. If you are considering a divorce and at least one spouse is a serving or retired member of the military or other related institutions such as the reserve and coast guard, you need the right type of lawyer.

There is federal law related to a military divorce and this complex, some would say vague, legislation is then interpreted by each and every one of the state divorce courts. They are independent and consequently you get many variations or interpretations of the federal law.

In short, your lawyer is ideally experienced and used to dealing with military divorce. A good divorce lawyer is not the best. Find a good lawyer who specializes in military divorce.

Like anyone in business, lawyers do not want or need angry clients. But a spouse who is not given the best possible service in a complex military divorce will be angry. Sometimes that anger can turn into a malpractice suit and no lawyer wants that.

Be aware that the entire divorce matter, particularly a military divorce, needs an overall knowledge. I mean you may as a lawyer have a strong financial background and be able to advise wisely on a funds management scheme and the best ways to create wealth using any income ordered by the court. But that is only part of the case. You, as a lawyer, need to know the intricacies of military law and such variations of the 20/20/20 rules and how it differs if the service member has been a reservist. In such a case the rules mean the amount available to be distributed will be less.

Be aware too that in the military, retirement pay is just that and not a pension. Military personnel do not contribute to their retirement pay as a civilian would to their pension plan. A member of the military cannot receive this income until they have retired and not until they have achieved a certain number of years of service. The spouse of the military member cannot receive any income, even if the divorce is granted, until the military spouse has actually retired.

One factor for lawyers and divorcees to understand is the increasing mobility of people today. There has been a increase in recent times of the number of children from a military divorce who are not receiving the income support as ordered by the court. People transfer and change jobs and often do so across state boundaries. The court does not take kindly to a failure to comply with its rulings and particularly so in regard to child support. Both the federal legislation and state regulations make it possible for recalcitrant divorcees who have not met their obligations to be ordered by the court to do so. The court also has the power to fine or imprison people who fail to meet their obligations. The orders of the court can be enforced and lawyers and those who are not receiving the income they should can take action.