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Military Divorce

Military divorces are subject to greater scrutiny and regulation than their civilian counterparts. A civilian’s divorce is governed by Ohio law, while a divorce involving a member of the armed forces may involve several federal laws as well as Ohio statutes. 

Military divorces often involve the following federal laws:

  • The Servicemembers Civil Relief Act (“SCRA”), enacted in its most current form in 2003, is designed to protect all servicemembers – Soldiers, Sailors, Marines, Airmen, and Coast Guardsmen – from being placed at a legal disadvantage while they are serving on active duty. 
  • The Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents (often referred to as the “Hague Convention”) and the Inter- American Convention on Letters Rogatory and Additional Protocol determines how to serve a Servicemember outside the United States of America and its territories.
  • The Uniformed Services Former Spouses’ Protection Act governs the division of military pensions.  The 2016 National Defense Authorization Act (NDAA) significantly altered how military pensions may be divided between a military member and a former spouse and modernized the military retirement system.

The benefits that members of the Navy, Air Force, Marines, or Army receive often represent a crucial part of all military divorce cases. Whether resolving issues with military pensions, or military health insurance, proper legal representation is absolutely necessary to defend your rights.  I have significant experience in military divorce, including the publication of materials for the American Bar Association:

“Practical Tips and Pitfalls in Handling Conversions of Military Retirement Pay to VA Disability in the Divorce Context” (Mar 21, 2013), Roll Call; American Bar Association Family Law Section Military Law Committee.

“How to Sidestep the Potential Land Mines of Military Divorce” (November 1, 2012), American Bar Association Young Lawyers Division.

 



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