Common Mistakes...
What are the most common mistakes divorce lawyers make in handling
divorce involving the division of military retired pay?
- Not studying the act and the regulation.
- Not understanding the special jurisdictional requirements of
the Act in Section 1408(c)(4).
- Not understanding the rules on reopening divorces beofre June
21, 1981.
- Not understanding the "10 year" rule found in Section
1408(d)(2).
- Not understanding the special protections of the Soldiers'
and Sailors' Civil Relief Act.
- Preparing a Qualified Domestic Relations Order to effect the
division of military retired pay.
- Not following the regulation when sending the application to
the finance center is complete.
- Not ensuring that the order is clear as to the portion of the
retirement that the former spouse is to receive.
- Not considering the rules about the effect of the death of
the miltiary member on the payments to the former spouse.
©1996 LAWTEK
MEDIA GROUP, LLC
all rights reserved
http://www.divorcenet.com/military/milart05.html