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Military Family Law Archives

What is virtual visitation?

With today's technology, it is easier than ever before to connect with family and friends across the globe. Aside from email correspondence and constant contact via social media such as Facebook, Twitter and Instagram, new technology such as Google Hangouts and Skype have allowed families and friends to talk to each other via webcam video conferences.

What is the Uniformed Services Former Spouses' Protection Act?

In 1981, the United States passed the Uniformed Services Former Spouses' Protection Act, Title 10, United States Code, Section 1408, also known as the USFSPA, to award former spouses of military members retirement pay in the event of a divorce. While the act does not require states to divide retirement earnings as community property or a marital asset, it requires state courts to divide the property accordingly. This amount may run as high as 50 percent of the military member's disposable income.

Divorced military parents planning for deployment or relocation

It's not uncommon for military members to go on deployment or relocate to a new base on short notice while on active duty. While this could impact a marriage greatly, it could also place some difficulties on the terms of a divorce, especially if children are involved. How does this affect the military member's relationship with their children following a divorce? What can a divorcing couple do in advance to prevent future complications or issues in the event of a deployment or relocation?

What are grounds for divorce for military members in Virginia?

Military service members in the United States, both active and retired, and their spouses follow a different set of family laws with regards to divorce. For a military service member, or his or her spouse, to divorce in Virginia, the member or spouse must have resided in the state for at least 6 months. If eligible, a military service member or spouse must declare at least one of five specific grounds for divorce. What are the grounds for a military divorce?

The importance of legal assistance in a military divorce

The United States military members make a major sacrifice to serve. While these people place themselves in harm's way to do their duty, there are often issues that arise on a personal basis. One problem that frequently arises is if a couple is unable to maintain their marriage while they complete their service or after they've retired from the service. This often leads to a military divorce. Whether it is a current or retired service member, a divorce while in the military has different aspects to consider when compared to a civilian divorce.

Statistics of military divorce are higher with long deployments

Since Virginia is an area rife with military personnel and retired military, there are often legal issues, such as military divorce, that are concerns. Given the difficult, dangerous and transient lives military personnel often live, it can be hard to keep a marriage together. It should therefore come as no surprise that research from 2013 has shown that the length of time enlisted military members spend deployed directly affects whether they keep their marriage together or move forward with a military divorce. It's imperative to bear in mind that legal issues that can arise with any divorce.

Military pensions in a divorce

When a military family goes through a divorce, one of the things the divorcing parties are likely very concerned about is what will happen in the property division in the divorce. Property division concerns are common in any type of divorce, but as is often the case when it comes to legal matters involving members of the military, military divorces can raise some special considerations. Specifically, the types of assets that can be the big focuses of a property division can be different for military families.

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