I DONT KNOW IF ANYONE 0UT THERE HAS GONE THROUGH THIS OR NOT BUT MY SON WAS MARRIED 5 MONTHS AGO WHEN HE WAS STATIONED AT GREAT LAKES IN ILLINIOS. HE WAS TRANSFERED TO VIRGINIA FOR MORE SCHOOLING AND WITHIN 3 MONTHS OF HIS MOVE HIS NOW WIFE LEFT HIM. SHE TOOK HIS CAR THAT WAS BOUGHT JUST AFTER THE MARRIAGE BUT IN HIS NAME ONLY AND ALSO BESIDES FOR DEPLEATING THE CHECKING ACCOUNT, PUT THE CHECKING ACCOUNT IN THE NEGATIVES WHERE HE WAS MADE RESPONSIBLE BY THE BANK TO TAKE CARE OF THE PROBLEMS WITH THEM AND HIS ACCOUNT + ALMOST $500.00 IN FEES. HE IS WANTING TO FILE FOR DIVORCE. WHAT ARE THE LAWS IN REGARDS TO THIS. SHE HAS DESERTED HIM WILL NOT TELL HIM WHERE SHE IS. I REALLY NEED HELP SO I CAN HELP HIM.
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I too am in seek of help for my son. In 2013 he graduated H.S., by the end of June he was in boot, then through A school, he came home before shipping to his duty station (Kitsap Bangor), and they were married. She left today after just short of two years married. I have advised him to talk to Legal ASAP. What and how can he protect his money in the bank, belongings etc. They have been living on base housing. He has got the house keys back. I just don't know what or how this process works in the military. I am a navy brat and thank god never had to live through this. Thank god no kids are involved here.
I would say if he doesn't feel he is getting good advice then he should find a lawyer he gets along with out in town. He can have the car voluntarily REPOed and FFSC can help him with the process. However, this will have a negative impact on his credit score, but at least he will not longer have to make payments on a car he doesn't have.
I APPRECIATE ALL THE MESSAGES. HERE IS THE THING, WHEN THEY GOT MARRIED A COUPLE DAYS AFTER THAT MY SON BOUGHT A CAR AND THAT IS IN HIS NAME ONLY AND SO IS THE LOAN. SHE TOOK THE CAR AND LEFT WITH IT. HE IS MAKING THE PAYMENTS ON THE CAR, HAS TO PAY FOR THE INSURANCE. THEY HAVE NOT FILED FOR DIVORCE OR EVEN FOR A SEPERATION. HE IS NOT GETTING GOOD LEGAL ADVISE FROM THE PEOPLE ON BASE.
If he is still overseas when she has filed, then he can use Navy Legal to postpone proceedings until he returns for decisions on any support or alimony. In the meantime there is a Standard Navy percentage of his pay that she will be entitled to based upon how many dependents he has. This is covered under MILPERSMAN 1754-030 (if you google search this the whole instruction will come up for you). It basically states that until a court order states otherwise for support the spouse is entitled to 1/3 of the member's base pay and BAH (housing allowance), but nothing of his special pays. If he has 1 child then it is 1/2 base pay+BAH and if 2 or more children then 3/5 of Base pay+BAH.
The divorce generally requires a period of separation prior to it being finalized. Whether his time at sea counts toward this changes from state to state. I highly recommend that he get his own lawyer ASAP. He may even be able to give you a special power of attorney to get one for him while he is underway. If he doesn't have a notary or legal department on board then his XO can legally notarize a special power of attorney. Then have that lawyer postpone all proceedings, freeze all assets and judgements until he returns from sea.
Good luck,
EMC (SS)
kjowers@militarytimes.com
Like all service members, Spc. Matthew Kleman is protected from civil court proceedings being conducted in his absence for official military duty — such as deployment — under the Servicemembers’ Civil Relief Act. The unusual twist in his case is that he never got to assert his SCRA rights because he didn’t know a divorce court proceeding in which he was named was underway. A “Waiver of Service” document bearing Kleman’s signature, which he says is forged, was filed in court. A signature affirms that he received a copy of the divorce petition, and that he agreed the case could be taken up without further notice to him. The document also states, “I enter my appearance in this case for all purposes.” That statement gave the court the go-ahead to make decisions without the presence of Kleman or a lawyer representing him — essentially waiving his rights under the SCRA. A crucial aspect of his case is that his wife apparently did not inform the court that the couple has a son, who will turn 2 this month. As such, the issue of custody is not addressed in the divorce papers. So what are Kleman’s rights? If the service member wants the divorce case reopened, procedures vary from state to state, said retired Army Col. Mark Sullivan, a retired judge advocate general who specializes in family law and is the author of the American Bar Association’s military divorce handbook.
Sullivan said that under the SCRA:
■ If a person has not made an appearance in a court proceeding
— or waived the right to that appearance — it is the court’s responsibility to determine if that person is a service member. If so, the court cannot enter a default judgment against the service member without appointing an attorney. A default judgment is any order, ruling or decree that is adverse to the service member’s interest.
■ Based on the request of the service member, or his attorney, or on the court’s own action, proceedings must be postponed for at least 90 days if the court determines there may be a defense that can’t be offered without the service member being present, or if counsel has been unable to contact the service member to determine if there is a such a defense.
■ If a judgment has been entered against a service member, a court must reopen the case if the member’s ability to offer a defense was materially affected by his military service.
Service members who leave the military may file such petitions up to 90 days after separation.
For service members who remain on active duty, applicable time limits vary from state to state, Sullivan said. □
Please be sure to read the post by EMC (SS) above............
Rose Davis said:
I HAVE A FRIEND THAT IS GOING THROUGH THIS. HIS WIFE HAS FILED FOR DIVORCE IN THE CIVILIAN SECTOR IN CALIFORNIA, WHILE HE IS ON DEPLOYMENT OVERSEAS. HE DID NOT KNOW THAT SHE COULD DO THIS. DOES HE HAVE ANY RECOURSE?
The Navy sees the marriage/divorce issue. The following is from Navy Times--
Study: Lure of benefits can lead to divorce
Bigger housing payouts encourage younger marriages
By William H. McMichael
bmcmichael@militarytimes.com
Higher rates of pay and benefits for married troops encourages service members to wed at a younger age than the general public — and lead to a “significantly greater” divorce rate for those who have served two years or more, two researchers conclude.
In a new study, economist Paul Hogan and social psychologist Rita Seifert suggest that while the military needs to be supportive of family life — more than half of all active-duty troops are married —
the Pentagon should not, in essence, encourage single troops to marry.
The authors focused on 23- to 25-year-olds, reasoning that these service members were old enough to have graduated from high school or college, marry, and subsequently divorce.
Previous research, the authors say, “has shown that retention of married service members is influenced by family support and satisfaction with the military.” “However, there does not seem to be evidence that married service members are more productive or of greater value to the military than single service members. The military does not need to encourage single service members to marry. Other employer markets do not differentiate compensation and benefits by marital status.” Current policies may contribute to a divorce rate among service members that has been on the rise over the past decade.
Hogan and Seifert say a revised compensation policy would phase in family benefits, such as better housing, so that married troops receive more benefits the longer they serve.
Then, compensation and benefits could move toward a system that rewards performance rather than dependency status, they say. In this way, they argue, the military would both support families and encourage the best performers to stay in the service.
The authors’ conclusion drew a skeptical response from one military personnel expert.
“There’s an infinite number of reasons people get married and an infinite number of factors that differentiate military people’s lives and circumstances from those of civilians. Attributing causality to any specific one is a very long stretch,” said retired Col. Steve Strobridge of the Military Officers Association of America, who once headed the Air Force’s compensation branch.
For instance, Strobridge said, more mature people may be drawn to the military, and more mature people might marry earlier. The stress and responsibilities that military life places on relatively younger people might accelerate the maturation process. Or the stresses themselves could drive some to seek stability in their private lives through marriage, he said.
The authors found that those 23- to 25-year-olds who have served at least two years on active duty are significantly more likely to be married, suggesting, based on their analysis of U.S. Census data, that the odds of ever having been married are three times greater if one had served on active duty compared with a similar civilian who had not served.
The same percentage held true for those who were high school graduates and nearly so for those with bachelor’s degrees, most of whom are officers.
The authors’ analysis of divorce probability suggests that, among those who have married, service members who have had at least two years of active duty are more likely to get divorced.
That finding, they said, “is consistent with the hypothesis that the compensation benefits in the military provide an incentive for earlier marriage than might otherwise be the case and, because of this, that the marriage might be more vulnerable to dissolution.”
Replies
I couldn't offer any better advise then has been offered. I wish your son well.
USAA is a good bank, too. They cater to the military.
must talk to his Chief first and use Command
I too am in seek of help for my son. In 2013 he graduated H.S., by the end of June he was in boot, then through A school, he came home before shipping to his duty station (Kitsap Bangor), and they were married. She left today after just short of two years married. I have advised him to talk to Legal ASAP. What and how can he protect his money in the bank, belongings etc. They have been living on base housing. He has got the house keys back. I just don't know what or how this process works in the military. I am a navy brat and thank god never had to live through this. Thank god no kids are involved here.
Any advice would be appreciated.
The divorce generally requires a period of separation prior to it being finalized. Whether his time at sea counts toward this changes from state to state. I highly recommend that he get his own lawyer ASAP. He may even be able to give you a special power of attorney to get one for him while he is underway. If he doesn't have a notary or legal department on board then his XO can legally notarize a special power of attorney. Then have that lawyer postpone all proceedings, freeze all assets and judgements until he returns from sea.
Good luck,
EMC (SS)
Know your rights as a service member
By Karen Jowers
kjowers@militarytimes.com
Like all service members, Spc. Matthew Kleman is protected from civil court proceedings being conducted in his absence for official military duty — such as deployment — under the Servicemembers’ Civil Relief Act. The unusual twist in his case is that he never got to assert his SCRA rights because he didn’t know a divorce court proceeding in which he was named was underway. A “Waiver of Service” document bearing Kleman’s signature, which he says is forged, was filed in court. A signature affirms that he received a copy of the divorce petition, and that he agreed the case could be taken up without further notice to him. The document also states, “I enter my appearance in this case for all purposes.” That statement gave the court the go-ahead to make decisions without the presence of Kleman or a lawyer representing him — essentially waiving his rights under the SCRA. A crucial aspect of his case is that his wife apparently did not inform the court that the couple has a son, who will turn 2 this month. As such, the issue of custody is not addressed in the divorce papers. So what are Kleman’s rights? If the service member wants the divorce case reopened, procedures vary from state to state, said retired Army Col. Mark Sullivan, a retired judge advocate general who specializes in family law and is the author of the American Bar Association’s military divorce handbook.
Sullivan said that under the SCRA:
■ If a person has not made an appearance in a court proceeding
— or waived the right to that appearance — it is the court’s responsibility to determine if that person is a service member. If so, the court cannot enter a default judgment against the service member without appointing an attorney. A default judgment is any order, ruling or decree that is adverse to the service member’s interest.
■ Based on the request of the service member, or his attorney, or on the court’s own action, proceedings must be postponed for at least 90 days if the court determines there may be a defense that can’t be offered without the service member being present, or if counsel has been unable to contact the service member to determine if there is a such a defense.
■ If a judgment has been entered against a service member, a court must reopen the case if the member’s ability to offer a defense was materially affected by his military service.
Service members who leave the military may file such petitions up to 90 days after separation.
For service members who remain on active duty, applicable time limits vary from state to state, Sullivan said. □
Rose Davis said:
Study: Lure of benefits can lead to divorce
Bigger housing payouts encourage younger marriages
By William H. McMichael
bmcmichael@militarytimes.com
Higher rates of pay and benefits for married troops encourages service members to wed at a younger age than the general public — and lead to a “significantly greater” divorce rate for those who have served two years or more, two researchers conclude.
In a new study, economist Paul Hogan and social psychologist Rita Seifert suggest that while the military needs to be supportive of family life — more than half of all active-duty troops are married —
the Pentagon should not, in essence, encourage single troops to marry.
The authors focused on 23- to 25-year-olds, reasoning that these service members were old enough to have graduated from high school or college, marry, and subsequently divorce.
Previous research, the authors say, “has shown that retention of married service members is influenced by family support and satisfaction with the military.” “However, there does not seem to be evidence that married service members are more productive or of greater value to the military than single service members. The military does not need to encourage single service members to marry. Other employer markets do not differentiate compensation and benefits by marital status.” Current policies may contribute to a divorce rate among service members that has been on the rise over the past decade.
Hogan and Seifert say a revised compensation policy would phase in family benefits, such as better housing, so that married troops receive more benefits the longer they serve.
Then, compensation and benefits could move toward a system that rewards performance rather than dependency status, they say. In this way, they argue, the military would both support families and encourage the best performers to stay in the service.
The authors’ conclusion drew a skeptical response from one military personnel expert.
“There’s an infinite number of reasons people get married and an infinite number of factors that differentiate military people’s lives and circumstances from those of civilians. Attributing causality to any specific one is a very long stretch,” said retired Col. Steve Strobridge of the Military Officers Association of America, who once headed the Air Force’s compensation branch.
For instance, Strobridge said, more mature people may be drawn to the military, and more mature people might marry earlier. The stress and responsibilities that military life places on relatively younger people might accelerate the maturation process. Or the stresses themselves could drive some to seek stability in their private lives through marriage, he said.
The authors found that those 23- to 25-year-olds who have served at least two years on active duty are significantly more likely to be married, suggesting, based on their analysis of U.S. Census data, that the odds of ever having been married are three times greater if one had served on active duty compared with a similar civilian who had not served.
The same percentage held true for those who were high school graduates and nearly so for those with bachelor’s degrees, most of whom are officers.
The authors’ analysis of divorce probability suggests that, among those who have married, service members who have had at least two years of active duty are more likely to get divorced.
That finding, they said, “is consistent with the hypothesis that the compensation benefits in the military provide an incentive for earlier marriage than might otherwise be the case and, because of this, that the marriage might be more vulnerable to dissolution.”
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