What are the jurisdictional issues for filing for a military divorce?

In Nebraska, jurisdictional issues must be taken into account when filing for a military divorce. Under the Uniformed Services Former Spouses Protection Act (USFSPA), the state in which either the service member or spouse resides is the only state with the authority to divide the service member’s retired pay in a military divorce. If the service member lives in Nebraska, the court will have jurisdiction over his or her retired pay. If the service member lives outside of Nebraska, the court may still have jurisdiction if the spouse remains in the state. The military divorce court will also have to consider if the service member has enough connection to the state for it to have jurisdiction over other issues, such as property division. Even if the court has jurisdiction over the service member’s retired pay, if the service member does not have sufficient contacts with the state, the court may not have jurisdiction over other issues. Therefore, the military divorce court in Nebraska must carefully consider the jurisdictional issues in order to ensure a valid and enforceable military divorce.

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