Divorce for men in Cass County, MO can be very complicated and emotionally challenging in any circumstances. However, when one or both of the partners are members of one of the branches of the U.S. Armed Forces, a divorce can be even more arduous. If you are an active duty military member, a reservist in the military, enlisted in the coast guard, marines, air force, army or navy, special rules apply in divorces and child custody cases. For the brave members of these units of the U.S. military, it is essential to contact an experienced attorney to navigate you through the intricacies of a military divorce in Cass County, Missouri.

Military divorce in Missouri
Military divorces in Cass County, Missouri are distinguished from civilian divorces in a handful of different ways. The following issues are the primary factors which make military divorce different.
In what courthouse do you file a Missouri military divorce?
One fact about military service in U.S. is that members of the armed forces tend to not stay in the same place for a long time. At a minimum, most military personnel may relocate every three years to a new assignment. This is honestly one of the great things about serving in the military, as it allows one to see and experience many places, sometimes even around the world.
Under Missouri law, a military divorce can be filed in either the state in which either spouse is stationed, resides, or maintains a legal residence in. The appropriate courthouse to file in would be the Missouri county courthouse where one is stationed, resides or has a legal residence in. Determining where to file can be complex, so it is important to consult a Cass County family divorce law and divorce firm familiar with these matters.

There are several unique aspects of military divorces.
The Servicemembers Civil Relief Act (SCRA) was passed in order to help active-duty service members when they are deployed or otherwise unavailable to attend to various legal and other obligations. The SCRA provides legal and financial safeguards for active-duty service members, such as the National Guard and reserve members, as well as their families. The law postpones particular civil obligations so military member can focus on their job defending the country.
The SCRA provides protections for service members in a variety of ways: postponement of real estate foreclosures, deferred income taxes filings, protection from eviction, protection against default judgments, postponed civil court lawsuits, protection for small-business owners, penalty-free termination of residential lease agreements, penalty-free termination of auto leases, penalty-free termination of phone service, avoidance of property repossession, life insurance coverage protection, suspension of professional liability insurance, and voting rights.
When it comes to divorce, the SCRA provides military members with the option to request a stay or postponement of a dissolution suit if such proceedings would interfere with their military service. This prevents service members from being unfairly disadvantaged in these legal proceedings until they have the time to address the legal matters at hand.
Military divorces are also distinguishable from civilian divorces because military pensions and benefits are divided according to the rules of the Uniformed Services Former Spouses’ Protection Act (USFSPA) 10 U.S.C. 1408. The USFSPA has two main functions: 1. It provides the means by which state courts can award a portion of military retired pay to a spouse or former spouse; and it describes a way for the Department of Defense to enforce the state court orders.
Former spouses are not automatically given a portion of the military members retirement. Rather, the state court with jurisdiction over the divorce must give part of the retirement pay as part of the property settlement in the final divorce decree. State courts may award the retired military pay to the former spouse either as a fixed dollar amount, or a percentage of disposable retired pay. Unlike civilian pensions and various other non-military retirement accounts, the division of military pensions do not require a Qualified Domestic Relations Order (QDRO).
In order for the USFSPA to legally enforce orders dividing military pensions, the 10/10 rule must be met, and the federal requirements for state jurisdiction must be met. The 10/10 rule states the military member and former spouse must have been married for at least 10 years during which time the military member performed at least 10 years of military service eligible for retirement credit.
According to the law, state courts can have jurisdiction of the military member in several ways:
1. The member’s primary residence or domicile is within the jurisdiction of the state court.
2. The member has given consent to the jurisdiction of the state court.
3. The military member acknowledges his consent to jurisdiction by taking some action in the divorce case, such as filing an answer or any responsive pleading.

Other military issues:
Divorces and child custody involving a member of the U.S. armed forces involves a different set of rules than when these matters involve exclusively civilians. The military itself can and will enforce the payment of ordered child support, by punishing those members who fail to comply with the order. The same can be said for the enforcement of child custody orders. Accusations of domestic violence by a military member can be addressed by a military court, and the military may provide additional protections and resources for the alleged victim.
A divorce in the military can have a profound effect on military benefits for both former spouses. For example, in some situations it may be possible for the non-member to continue receiving health care coverage following a divorce for a specified amount of time. Similarly, a recently divorced non-member spouse may be eligible for military housing for a specified period of time following a divorce.
In general, military retirement benefits cease when the military member dies. However, military members can elect to enroll in a Survivor Benefit Plan SBP. The SBP is something like an insurance plan and the military members has to pay premiums for this plan upon retirement. However, when the military member dies, under this plan the widow can continue to receive a portion of the member’s retirement benefits. In some situations, these benefits can also be available to a former spouse, if the deceased member had no spouse or children.
If you are facing a divorce or child custody dispute and one party is a military member, it is important to consult with an attorney familiar with the intricacies of such proceedings. At the Men’s Center for Domestic Resolution, we are a military divorce law firm. We focus on helping men through tough domestic legal issues, and are here for those members of the military stationed at Whiteman Airforce Base in Knob Noster, MO. Please call us at 816-287-1530 to schedule a consultation with our lead attorney Rob Davis.
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