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Your attorney may not be familiar with the specifics involved in a military divorce. Besides conforming to state law, your decree needs to address federal law when there will be an award of military retired pay to the non-military spouse. If your attorney does not know the appropriate language so that your decree is not sent back and you return to court for clarification or modification, then you may want to consult us for assistance. Our objective is to prevent both parties from having to return to court and spending more money when the language can be incorporated at the time of divorce.

 
Does the service member have a combination of active duty and reserve/guard time? Paid and non-paid military service? Do you or your attorney know how to complete a spreadsheet that addresses all the creditable time and then calculates the overlapping time between the marriage and military service? If not, then we can provide a spreadsheet that does all this.

If you are the spouse and you want to save money, do you know what services you can perform yourself, in obtaining various military information and assistance from DFAS? Has DFAS refused to honor the decree and pay you your share of military retired pay that was awarded in your decree? If so, we can help with modification language to your decree.

The most important thing you can do is to educate yourself on the federal law that allows states to award military retired pay in a divorce. Please read DIVORCE AND THE MILITARY II, A Comprehensive Guide for Service Members, Spouses, and Attorneys. This 408-page book provides information that both parties need as well as their attorneys. Included are chapters on negotiating strategies, for benefits you may or may not have after the divorce is final; financial management for divorcing military couples; and extensive appendices with resources to help you through your divorce.

Services are provided at an hourly fee. The average amount of time taken to consult with clients, work up spreadsheets, and write the draft language (for the division of military retired pay and associated benefits) that you give to your attorney, is 4-7 hours. Additional time may be needed for cases where the service member has a combination of active duty and reserve/guard time, or breaks in service.


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