St. Louis Military Divorce Lawyer
A military divorce would be different from other marriage dissolutions only if someone is on active duty. If they are not on active duty, it is no different other than in regards to retirement plans and income. If someone is on active duty, there is a waiting period associated with a proceeding for divorce – unless they waive the Soldiers and Sailors Relief Act.
To improve your understanding of these nuances, it is best to consult with one of our St. Louis military divorce lawyers. A skilled divorce attorney from our firm can help you file all the correct paper work and ensure that your future is protected.
Pension and Retirement
Many people in the military get paid in different ways. For example, they may receive more than one check or receive several different benefits, and knowing how all that works is important. They have may also receive several different kinds of retirement.
Oftentimes, servicemembers also work for the government in their civilian lives, so they may have military pensions and retirement through the government as well as civilian pensions and retirement. Those are different to divide upon divorce compared to a regular 401k plan.
A military spouse may also receive disability benefits. Knowing what to ask and look for is important. The military generally does not provide a spouse with a lawyer. For this reason, it is advisable to enlist the services of a skilled St. Louis military marriage dissolution attorney.
Division of Assets
A military spouse does have additional protections and requirements as far as certain types of pay that can be subject to wage withholding and garnishments. You may have to file more paperwork with the government.
The civilian spouse would also be entitled to military pensions and benefits. Just as the non-military person, the servicemember may be entitled to 50 percent of the marital value. Military retirement is divided through court-ordered benefit order, which must be approved through the Court and the government.
Serving Divorce Papers to a Deployed Spouse
Serving a deployed spouse will be different. If you serve someone while they are deployed on active duty, it does nothing. In fact, they may not likely even be served. If they are deployed, it is absolutely going to delay the process because they cannot do anything until they are back, and it will not be proper service.
If they are simply in St. Louis and working out of Scott Air Force Base, but they are technically on active duty when they are served, they very well may waive their right to a waiting period. In the event that they are willing to waive it, a lawyer can typically move forward with the divorce.
Call a St. Louis Military Divorce Attorney Today
This process can be very tricky, and having a family attorney who knows what they are doing and has done it before can be very important to making sure your surviving spouse benefits come into play. If you do not do the paperwork right for those, you waive your right to it. If it is not written correctly in the initial judgment, you can have a major problem later.
There is a very specific language that needs to be used, or you could potentially end up with nothing. Get in touch with a St. Louis military divorce lawyer from our team today for more information on this process.