Many military families are composed of one natural-born American citizen and one foreign national, usually a naturalized citizen. This is not surprising considering the international nature of the services, but it does raise some unique concerns if a marriage begins to fall apart. Many times, it falls to service members and their spouses to decide on a forum — that is, the country in which they choose to pursue the divorce litigation. In terms of Virginia couples with at least one Japanese citizen, the most pertinent concern informing that decision would likely be child custody.
Military families face plenty of challenges as they navigate active duty, transitioning to global stations and back home again. It may seem easier to focus on the difficulties of constantly moving, but members of the military who have connections to Virginia may also recognize the benefits of international experience.
The process for divorce in Virginia is often different for military families than it is for civilians. One example regards the splitting up of military pensions. This process uses a different set of rules than the division of other retirement benefits. That set of rules is known as the Uniformed Services Former Spouse Protection Act.
If you are in the military in Virginia, you may be aware that if you marry, you will see an increase in pay. According to Today, you could increase your annual pay by more than $10,000 just by getting married. However, getting married just for the benefits is a risky proposition.
Military families in Virginia may face many challenges due to the nature of military life. If you are looking into adopting a child, you may wonder if it will even be possible. The good news is that military families can adopt just the same as any other family. However, you will have some situations that require special handling.
How are military pensions handled in a divorce?
A divorce can sometimes be more complicated if one of the spouses is in the military. Many Virginia couples may have questions about alimony and how it works for military families.
If you reside in Virginia, are part of the U.S. Armed Forces and suspect a divorce is in your future, you may be wondering what rights your spouse will retain to your military benefits once the divorce is final. In most cases, your spouse will no longer be eligible to use a military commissary or rely on Tricare benefits once the two of you divorce, but there is a key exception.
If you are a Virginia veteran with a former spouse, a recent ruling by the US Supreme Court with regard to retirement benefits and divorce settlements may be welcome indeed. This ruling overturned an older decision by a state court and shined a light on some of the issues with the VA offset.
Creating a parenting plan can be difficult for any divorcing couple, but if you are part of a military family in Virginia, you may find the process even harder. Not only will all of the typical details need to be considered, but the inconsistencies of military life can make the process much more complicated. We at Jeffrey A Vogelman want to keep the process as simple as possible.