The first two blogs in this series addressed a request for a stay in a divorce, and a potential default judgment. This blog #3 will discuss how the civilian spouse can oppose a request for stay. A stay (or pause) in the case may cause serious problems for the spouse. Lack of child or spousal […]
Blog #1 in this serious addressed the background of the Servicemembers Civil Relief Act (SCRA) and the servicemember’s ability to request a stay, or pause, in a divorce or family law case. Blog #2 will discuss the possibility of a default judgment against the servicemember if he/she does not participate in the case at all. […]
The Servicemembers Civil Relief Act (SCRA) is a federal law that can have important consequences in a Wisconsin divorce case. All family lawyers handling divorce, paternity, or child-related matters should be aware of at least the Act’s basic rules. I will dedicate a series of blogs on this topic to clarify the Act. The first […]
The Servicemembers Civil Relief Act (SCRA) is a federal law that can have important consequences in a Wisconsin divorce case. All family lawyers handling divorce, paternity, or child-related matters should be aware of at least the Act’s basic rules. I will dedicate a series of blogs on this topic to clarify the Act. The first […]
All states permit the division of a servicemember’s military retired pay in divorce. Not all states handled the division the same way, however. Some states assume that the entire benefit is divided between the former spouses, some separate out the portion earned by the servicemember prior to marriage (often through a calculation known as a […]
Servicemembers have two retirement assets available: military retired pay (a pension) and the Thrift Savings Plan (TSP), the equivalent of a 401k. Divorcing servicemembers and their spouses must be aware of both plans to ensure a fair division. This article will address only the TSP. Unlike many private 401k plans, TSP does not limit the […]
In the United States, more than 15 million children live in a home in which domestic violence has occurred.* If you are a parent and a domestic violence survivor who is considering a divorce, legal separation or paternity action, protecting a child from the effects of domestic violence in the home can be a significant […]
A spouse divorcing a servicemember in Wisconsin can learn quite a bit from the member’s Leave and Earnings Statement (LES). The LES is the military equivalent of a civilian paystub, though it includes much more useful information. The LES shows the total pay, entitlements, deductions, allotments, and other information relating to the servicemember. They are […]
When a Wisconsin military couple divorces, the civilian spouse may receive a survivor benefit from the servicemember’s military retired pay. The SBP is not automatically established however. Certain deadlines must be met or the benefit could be lost. If the servicemember is cooperate, or the court order so states, the servicemember should elect former spouse coverage by […]
In previous blogs, I discussed limited post-divorce Tricare coverage available to ex-spouses after a military divorce. Two somewhat “informal” means of continuing coverage may require the servicemembers’ cooperation, but can make great sense in the right case. Legal separation: There are few differences between divorce and legal separation in Wisconsin. One important difference is that […]
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