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?
|
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.
Type your Answer in the box below and post your answer.
My friend is in the army and his wife was unfaithful while he was deployed. since then he has learned of her activities and wants a divorce. she tried to prevent this by attempting suicide whike her children were there. she is wanting full custody of both minor children. is this possible? does he have...
My daughter and her husband haved filed for divorce in the state of louisiana. they have a 2 year old daughter. the father has relinquished his rights as a father and now his parents are seeking custody of my daughter's daughter. what are the odds of my daughter keeping her child.
I got divorced 2 years ago and we share custody of the child, but while we were married we both had an affair, i live in texas and this is where the divorce took place.does this affair give him grounds for requesting full custody of her after these 2 years? does the child have anything to say in this?...
|
My friend is in the army and his wife was unfaithful while he was deployed. since then he... |
|
My daughter and her husband haved filed for divorce in the state of louisiana. they have... |
|
I got divorced 2 years ago and we share custody of the child, but while we were married we... |
|
Moved to sc from florida. question about child support & custody. In oct i transferred to south carolina from florida. i have had primary custody of my 2 children... |
|
What's going on with my husband Since june were separated cause i have to get straight some situations of health, economic... |
|
Will i have to pay taxes on money paid to me after my divorce I recently got divorced and part of the agreement was i was to recieve money for my 1/2 of... |

Ask A Question
Ask a new question about
Divorce: