Service Member Civil Relief Act

• Signed by President Bush in 2003, this rule entitles an active duty member to a delay of divorce while protecting the U.S. during the time of war. According to the SMCRA the intent is "to protect the rights, H.R. 100 will provide service members with up to 90 days stay in civil proceedings." Also, if additional stay is requested and denied a counsel will be appointed to protect the soldier's rights. This rule protects deployed soldiers from undo stress while serving their country. A soldier may waive their rights and go forward with the proceedings if they choose to do so.
  
  

Uniformed Services Former Spouse Protection Act

• USFSPA allows a former spouse to continue receiving military benefits such as going to the commissary, the exchange, and healthcare benefits after divorce. It also allows courts to treat military retirement pay as if it were a civilian pension. Former spouses must show that the service member served at least 20 years, the marriage lasted 20 years, and the marriage overlapped the military service in order to receive all entitlements. For those who don't meet all the requirements the former spouse will lose commissary and exchange privileges immediately when the divorce is finalized.
  
  

Disposable Military Pay

• For former spouses seeking to receive alimony or child support they must take this rule into consideration. Disposable Military Pay is pay coming in the form of disability. A soldier may be injured will on duty but may not start receiving compensation for it until they retire. Some retirement pay may come in the form of disability from 10 percent up to 100 percent. This pay is not divisible for distribution as part of the divorce and is not taxable income. Alimony and child support cannot be taken out of this. This is not to say an order for child support or alimony cannot be issued, this amount just will not be counted nor can it be garnished as payments.
  
  

Jurisdiction

• While in civilian laws the state with jurisdiction over the divorce proceedings is the state where the applicant has a permanent residence, this is not the case for the military service member. The location for the military divorce is where the member is stationed. This is governed by federal regulations. A soldier may agree and wave this right in order to expedite the process.