What is the difference between a regular divorce and a military divorce?
A regular divorce and a military divorce are two distinct legal processes that are governed by different laws. In a regular divorce, a couple can resolve their dispute either through court proceedings or via a settlement agreement. When a couple decides to obtain a divorce through a settlement agreement, they agree on how to divide their assets and how to arrange child and spousal support. They must then present their agreement to the court for approval. In contrast, a military divorce is a special type of divorce that is governed by the Uniformed Services Former Spouse Protection Act (USFSPA). This law was designed to protect former spouses of military personnel from financial hardship. A military divorce requires all of the same things as a regular divorce, such as dividing assets and arranging child and spousal support. However, it is important to note that military pensions are treated differently in a military divorce. When both parties in the divorce are military members, then the division of the military pension is typically split in half; and when one of the parties is a non-military member, the military pension is usually divided unequally. Additionally, child support and other financial considerations can also be determined differently in a military divorce, depending on the specific details of the case.
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