The Difference Between Legal Separation And Divorce

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By Norbert Higensen


Going through the emotional stress of a divorce is quite enough. Unfortunately, there are a lot of technical things that have to be dealt with as well. In order to minimize the stress, costs, and length of the divorce, follow these tips for divvying up your assets:

Recognizing the One Similarity

Because of the Service members Civil Relief Act (SCRA), military personnel are often allowed more time to respond to divorce filings. This is because they could be overseas or on active duty, and need more leeway to complete their side of the proceedings.

It's a common misconception that in order to get a portion of a military pension, you need to have been married for at least 10 years. This isn't true. A court is free to divide up a military pension based on whatever it thinks is fair. The "10-10 test" has to do with the Defense Finance and Accounting Service (DFAS), which is responsible for making direct retirement payments to former service members. The DFAS will provide direct payments to an ex-spouse if the couple had been married for 10 years of overlapping service.

If things are a little more tense, you can each take turns choosing one item from the list. This is where listing items by monetary value comes into play. This system should result in a fairly equal split, and perhaps with a few trades, you'll both be satisfied.

Making an Effort to Reconcile

Child support payments are determined by the divorce court. However, each branch of the military requires their personnel to provide support for their children, and they will make sure that payments are being made even before a court has determined the amount of child support. It's important to hire a lawyer with experience in military divorce. If you are looking for a divorce lawyer in Tacoma, contact the Lutz Law Offices today.




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