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The Difference Between Legal Separation And Divorce

By Norbert Higensen


Having a spouse in the military can be difficult, and unfortunately it can place a lot of stress on a marriage. Long absences for tours of duty and feelings of isolation can start to take their toll. It is no surprise that some of these marriages end in divorce.

Before you even begin, do your best to be nice. The nicer you are, the better of a deal you will both end up with. You don't want to have to take this process in front of a judge - which is costly, frustrating, and often less fair. Especially if you have sentimental attachments to certain things, discussing things directly with your ex can lead to compromises and satisfaction on both sides.

Because of the Service members Civil Relief Act (SCRA), military personnel are often allowed more time to respond to divorce filings. This is because they could be overseas or on active duty, and need more leeway to complete their side of the proceedings.

Consulting with the Best Negotiator

For example, if a couple had been married for 12 years, but a spouse was only on active duty for 8 of those years, then the DFAS won't make direct payments to the non-military spouse. There needs to be at least 10 years of active duty while still married. However, a judge may still decide to split up a pension if the "10-10 test" isn't met, in which case the service member will be responsible for making payments to the ex-spouse instead of payments coming directly from the DFAS.

Another method is the "cutting the cake" technique. One person splits the assets into two equal parts and the other chooses. You can either decide on your own who will be doing the splitting, or you could flip a coin. Winner splits, loser chooses first. If you'd rather not go through the process of splitting up valuables, you could always hold a yard sale or put your things for sale online and split the money you get once the sale is over. That way, you can start fresh and new without old memories tied to old objects.

Child support payments are determined by the divorce court. However, each branch of the military requires their personnel to provide support for their children, and they will make sure that payments are being made even before a court has determined the amount of child support. It's important to hire a lawyer with experience in military divorce. If you are looking for a divorce lawyer in Tacoma, contact the Lutz Law Offices today.




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