Like in many other states, divorce in Mississippi is governed and regulated by Family Law. Disputes and disagreements between a married couple that lead to divorce or legal separation need proper representation at court. Though, if deemed necessary by a State Court Judge, couples may be demanded to attempt and fix their marriage with the help of a marriage counselor. For spouses seeking to divorce a military partner, it’s important to seek the advice of a specialized military divorce lawyer in MS.
Military divorce is a little bit more sensitive than your typical civil divorce. A divorce between spouses wherein either spouse is enlisted into any of the five Armed Branches of Service under the United States Armed Forces is treated the same way as civil divorce proceedings. But what is managed differently, and what often requires the counsel of a military divorce lawyer in MS, are the benefits of the divorcees. Whereas in a typical divorce, alimony and marital property are all considered and contested and decided by the judge, military spouses are accorded with certain benefits which may also be contested or awarded in the Court of Law.
The Benefits a Military Divorcee is Entitled to
Under the Uniformed Services Former Spouse Protection Act, even divorced spouses of military personnel can be afforded with certain rights and benefits. Include amongst these are military legal assistance, the possibility of free healthcare and continued commissary, as well as retention of exchange benefits and theatre privileges.
These laws are explicitly dictated and governed by the Morale, Welfare, and Recreation Program. Qualifications though will only be awarded provided the divorced military spouse meets the Requirements for Eligibility. Several complex requirements a divorced military spouse must meet to be eligible for the Rights and Benefits provided under the Uniformed Services Former Spouse Protection Act.
These requirements are often referred to as the 20/20/20 Rule. However, during the process of the divorce and before it is finalized, a spouse seeking divorce may still be entitled to their identification card as well as retain certain benefits including the commissary, health benefits, and exchange privileges until the divorce is finalized.
Intricate Requirements a Military Divorcee Must Pass
Eligibility for the benefits of a divorced military spouse requires that a former spouse meet requirements that include the marriage between the military personnel and the divorced spouse that lasted at least 20 years before the divorce, annulment, or dissolution of the marriage.
Qualifications for benefits award also dictates that the person has given at least 20 years of service to the United States Armed Forces and any its branches. And that as to his or her credit in deciding the eligibility of retirement pay does not require that the military member is retired from active duty. And lastly, that the military member was married to the former spouse for at least 20 years of the former’s military service that is determined to be credible for retirement pay.
Your military divorce lawyer in MS can discuss all the details regarding your qualifications and claims. Call the Gene Barton Law Firm at (662) 447-2522.Military Divorce Lawyer MS
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