CONCERNS REGARDING A MILITARY DIVORCE

1. Jurisdiction

2. Service of process

3. Servicemembers Civil Relief Act (SCRA)

4. Pay – LES

5. Support

6. Benefits

7. Retirement

JURISDICTION

GA= 6 MONTHS DOMICILE

GA= 12 MONTHS IF STATIONED AT MILITARY INSTALLATION IN GA

HOME OF RECORD

MINIMUM CONTACTS

SERVICE OF PROCESS

ACKNOWLEDGE OFF POST ON POST CONTACT COMMAND ASSIST- AVAILABLE FOR SERVICE OF

PROCESS

SERVICEMEMBERS CIVIL RELIEF ACT (SCRA)

DEVOTE ENTIRE ENERGY TO DEFENSE NEEDS OF THE NATION

STAY OF PROCEEDINGS 90 DAYS

SIGNIFICANTLY AFFECT SERVICEMEMBERS RIGHTS

PAY- LES STATE LAW DETERMINES WHAT IS INCOME

GA= MILITARY COMPENSATION AND ALLOWANCES. Income for a parent who is an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the merchant marine of the United States, the commissioned corps of the Public Health Service or the National Oceanic and Atmospheric Administration, the National Guard, or the Air National Guard shall include:

(i) Base pay;

(ii) Drill pay;

(iii) Basic allowance for subsistence, whether paid directly to the parent or received in-kind; and

(iv) Basic allowance for housing, whether paid directly to the parent or received in-kind, determined at the parent's pay grade at the without dependent rate, but shall include only so much of the allowance that is not attributable to area variable housing costs.

Except as determined by the court or jury, special pay or incentive pay, allowances for clothing or family separation, and reimbursed expenses related to the parent's assignment to a high cost of living location shall not be considered income for the purpose of determining gross income.

SUPPORT

NO COURT ORDER

EACH BRANCH HAS IT’S OWN REQUIREMENTS

ARMY = AR 608-99

PUNISHMENT UNDER UCMJ COMMAND

BENEFITS

PRIVILEGES- PX AND COMMISSARY MEDICAL- TRICARE 20/20/20= FULL 20/20/15= AFTER 4/1/85= 1 YEAR TRANSITIONAL= PREMIUM

PAYMENTS

RETIREMENT

UNIFORMED SERVICES FORMER SPOUSE’S PROTECTION ACT 10 U.S.C. §1408

10 YEAR RULE SPECIFIC WORDING FOR DFAS $ OR % DD FORM 2293 REMARRY

HELPFUL RESOURCES

MARK SULLIVAN, THE MILITARY DIVORCE HANDBOOK, PUBLISHED BY ABA SECTION OF FAMILY LAW

http://www.dfas.mil/