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Military divorce has some unique dimensions. It has its own set of rules regarding various matters. They differ from civil divorce proceedings. They might differ with respect to division of military pensions, residency requirements for filing for divorce, certain legal protections for the military member and emergency court orders related to child support. This article provides answers to some of the most commonly asked questions about issues related to this. In the case of a military divorce, is a spouse eligible for Tricare medical insurance coverage?
It does not come under the jurisdiction of the courts. They might ask for the purchase of a similar policy, but you should qualify under the Tricare policy to get the coverage. If you are married for 20 years along with 20 years of military service you are eligible for the coverage on your own. In case you were close to reaching that milestone but were compelled to divorce due to physical abuse, and if the court mentions that in the decree, you can claim the coverage and most likely you would get it. What would be the expenses of a military divorce lawyer in San Antonio Texas?
They are entitled to charge their own set fees. Their charges might differ irrespective of where they practice. If an individual PSC’d from overseas this week and lives in MD currently, home address record is TN, where should they file for divorce?
You have to file in the state where you are a resident of and where you pay taxes and vote in. A person is married in North Carolina for 20 years and the spouse is in active duty in the military. What can the filing spouse expect as child support and alimony after retirement?
Child support and alimony will be governed by the divorce laws of that state (if it has occurred in that state). Usually, child support there is mutually settled by the child’s parents per North Carolina Child Support Guidelines. It provides detailed instructions for families with incomes less than $300,000 per year. If the parents fail to concur the court will decide for them based on the Child Support Guidelines of the state. Spousal support is the amount paid by one spouse to another either by agreement or court order, for support and maintenance in the post divorce period. If a court is to award alimony and/or PSS, it has to make sure that there is a supporting and a dependent spouse and that the latter’s financial strength is not enough to meet the monthly requirements and personal living expenses. It will also check whether the supporting spouse has the resource to pay. It can be paid either as a single lump sum amount or could be paid in installments over a period of time. The amount and the installments to be paid have to be decided by the parties or by the court. Military divorce laws are different than civil laws and hence could give rise to confusion sometimes. If you are faced with such a situation, it is always better to ask a military lawyer about the best course of action and act accordingly.
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