How Military Divorce Laws Affect Women in the Armed Forces As far as the law goes, military divorce is the same for a woman as it is for a man. Military divorce is guided by different rules and regulations than civilian divorce, the main difference between the two being that military divorce operates by a combination of state and federal law. When it comes to matters like child custody, child support, division of property and grounds for divorce, the state makes the rules. Your Virginia divorce attorney will guide you through the details of Virginia divorce law and help build your case.
Among the federal laws that govern military divorce, there's the Service Members Civil Relief Act (SCRA). This act protects miltary members from civil suits while they're on active duty. It also provides some guidelines for divorce decrees.
The Uniformed Services Former Spouses' Protection Act (USFSPA) gives Virginia courts the guidelines for dividing a military retirement pension. Your Virginia divorce attorney should be familiar with these laws and should be able to describe them to you in detail.
How to Conduct Yourself during Your Military Divorce
Divorce isn't always pretty, and sometimes spouses who aren't seeing eye-to-eye can get carried away with their emotions. There's a higher incidence of domestic abuse in the military than there is in civilian relationships, and both the state of Virginia and the military take allegations of abuse very seriously.
Sometimes, there are situations in which the military member threatens to revoke his or her non-military spouse's I.D. card or to remove the spouse from military housing. This is a power play and isn't at all legal. There's no point resorting to these tactics; try and remain calm, seek a Virginia divorce attorney, and take the appropriate steps to leave your marriage.
Military members have access to free legal services through JAG. Unfortunately, JAG can only be of so much help. They can give you some very basic advice, but they don't provide help with every step of the military divorce process. They do not file paperwork, go to court with you or perform most of the services that a Virginia divorce attorney does.
Your best bet is to work with a Virginia divorce attorney who has experience in military divorce cases and how they impact you as the female service member.
What Every Virginia Woman Should Know About Divorceis full of thoughtful steps and practical tips that will help you during your separation, divorce, or child custody case including:
-- 20 guidelines for "separation under the same roof"
-- 13 critical factors used to determine spousal support
-- 3 types of property classification recognized by Virginia courts
-- 10 factors your judge must consider in a contested custody case
-- a formula to determine your percentage share of his retirement benefits