Military Divorce Laws
Pittsburgh Military Divorce Lawyer with Answers
There is nothing commonplace about the duties an active United States servicemember
has to face on a daily basis. In fact, the description of their military
careers is enough to cause them to face unusual legal hurdles that most
others will never have to worry over. Perhaps more than anything, though,
going through a
military divorce can be most troublesome.
In order to try to help out the men and women who so bravely serve our
country in the Armed Forces, special legislation has been drafted in an
attempt to ease and clarify legal and civil processes they may encounter.
In particular, the Servicemembers Civil Relief Act (SCRA) and the Uniformed
Services Former Spouses Protection Act (USFSPA) might be pertinent to
your situation if you are going through a
divorce while serving in the military.
You can start making sense of your situation today by
contacting our Pittsburgh military divorce attorney from the Law Offices of Avram Y. Rosen.
What is the Servicemembers Civil Relief Act?
The SCRA is sometimes considered the first line of legal defense for servicemembers
and their families when it comes to civil disputes and battles. It is
actually an extended version of a preexisting Soldiers’ and Sailors’
Civil Relief Act (SSCRA) and covers a wide range of issues, such as:
- Lessened interest rates
- Foreclosure postponement
- Eviction defense
- Voting rights
As it pertains to military members going through divorce, however, ties
to the fact that it can postpone civil court dates. If your spouse needs
you to sign divorce papers, for example, but you are half a world away
on an aircraft carrier and will not be back until your tour is over, the
SCRA can automatically grant you an additional 90 days in the proceeding’s
timeline until a default decision is made due to your absence. You may
even request another 90 days after that if it seems unlikely or unreasonable
that you will be back in the United States to take your spot in your divorce
process. Ultimately, this can grant much-needed relief to all sorts of
family law matters, allowing you to focus on your duty to your country.
What is the Uniformed Services Former Spouse Protection Act?
As a divorcing military spouse, your situation could be controlled by federal
and state laws, as well as military mandates. This can be confusing, to
the say the least, and used to leave people feeling like something was
overlooked or lost in the tangle of legislation. The USFSPA may provide
some peace of mind by allowing courts to split some of a servicemembers
benefits with an ex-spouse, effectively protecting the wellbeing of an
ex who might otherwise not have been granted anything.
Benefits that can be divided, so to speak, may include:
- Disposable military retirement pay
- Medical care at military facilities
- Access to military commissaries
In terms of actually receiving any form of payment from a military member
after divorce, a court will usually only grant this if
child custody or
alimony are required, or if the marriage persisted for a considerable amount of
years. Leaving things up to a judge’s discretion alone, however,
might not be beneficial. An attorney can provide the support needed to
help secure a favorable arrangement for your situation.
Let Our Firm Help You Figure This All Out
Part of what makes our military men and women so great is that they are
capable of tackling just about anything head-on. No one ever said one
of those things was going to have to be deciphering the laws and litigation
surrounding military divorce, though. If you need some guidance and legal
counsel, do not be hesitant to get the support you need from our team.
Our divorce lawyer in Pittsburgh is always proud to work with servicemembers
and their families, and we hope we can show that by getting you to the
place you need to be.
Call us today at 412.563.5000 to request your