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Asked 1/31/2011

Military divorce question

I was awarded my Divorce from my wife Oct, 2010 in Pa. The divorce papers did not cover any settlement agreement. I was granted the divorce because I had filed 2 and a half years earlier. But because she lives in Fl the judge down there said they would decide marital property and alimony issues. I just found out her third attorney filed to withdraw and filed for cancelation for mediation. My question is how long can she do this? Can Florida let her continue endlessly with this? She is firing her attorneys because she feels they are not doing enough for her. I would like to have this finished. Also does anyone know if the military has a time line that she has to file for part of my military retirement funds after an official divorce?

Thank you for your help

 
 
 
 
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Answer 1/2 - Submitted 1/31/2011

There is no time line, per se and she can keep hiring lawyers as long as her money holds out but if the third one filed to quit, he must have gotten word that the divorce was agreed to in PA. If she wants to modify, she needs to come to PA. I'd be willing to bet the judge who said they would decide marital property doesn't realize you have any earlier decision. If you're getting any paperwork from the clerk of the court down there, you might want to send them a blip with an earlier filing than hers. Even with a final decree, the courts in PA can always modify it to include a little of your retirement, although a good lawyer would say it starts with the modification and not any earlier.

 
 

Answer 2/2 - Submitted 2/7/2011

Your divorce is finalized.

Your ex-spouse may contest the divorce indefinitely. Florida will allow her to continue endlessly.

The military does not have a time line that she has to file for part of your military retirement funds as long as a state court awards your retirement (as property) to her as part of the Uniformed Services Former Spouses' Protection Act (USFSPA). Check out the FAQS at DFAS (http://www.dfas.mil/militarypay/garnishment/fs-qa. html).

She must meet the requirements, formulas, stipulated in the USFSPA, the court must award her in accordance with USFSPA and she must file with DFAS.

As a retired military member you are entitled to free legal counsel at the nearest military base, you may want to contact them and/or DFAS.

 
 
 
 
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