Military Divorce Rights
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The authority regarding military divorce issues like emergency child support orders and military pensions lies with the Federal Law. Other military divorce proceedings are taken care of by the state court. It has been recorded that 20 percent of active duty officers are given a military divorce within 2 years of active deployment.
Military Divorce Rights as per SSCRA
SSCRA is an abbreviation of the Soldiers and Sailors Civil Relief Act. As per this Act, military members are offered certain rights that are not given to civilians.
Military Divorce Rights as per USFSPA
USFSPA is the short form of the Uniformed Services Former Spouses Protection Act. This Act describes the rights of the non military spouse post a military divorce. The rights are regarding healthcare, retirement and other benefits.
As per this act, if the below mentioned conditions are fulfilled, the non military spouse is entitled to full benefits of the divorce.
After such a divorce, if the non member spouse remarries, then this spouse loses the full benefit rights.
The court orders that can be enforced under this Act comprise of final decrees of legal separation, annulment, dissolution, divorce and property settlements regarding such decrees. This Act consists of a method that can be used to enforce current child support and current alimony granted in the court order.
Divorce Rights regarding Military ID cards
Military members are required to submit an application for ID cards for their family members. Such military members are listed as sponsors. However, they are not given the right to appropriate these cards when they feel so. The Family Member ID cards and the associated privileges are granted by Congressional Law and not the sponsor.
Consider that a military member illegally seizes a military ID card from the spouse. Such a military member can be charged with Larceny as per the Uniform Code of Military Justice, Article 121.
After finalization of the divorce, the non military spouse loses the ID card and the rights associated with it, except in the following two cases.
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