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Make sure your civilian divorce attorney has extensive experience with military-related family law, including a strong understanding of the Servicemembers Civil Relief Act (SSCRA) and the Uniform Services Former Spouse Protection Act (USFSPA).
Although military personnel and their family members have access to free legal services provided by the Judge’s Advocate General’s Corps (military officers who are also lawyers), military lawyers are not usually familiar with state divorce laws.
The only sure way to avoid a criminal charge of adultery under the UCMJ is to wait until a state court grants you a final divorce decree, thereby making you “single” again.
Military divorce and separation issues are fairly complex because they may be governed by a combination of military codes, state divorce laws and Federal statutes.
Similarly, if they have a “separation agreement,” it just shows that they are currently separated and have made some agreements to help spell out rights and responsibilities during this time period.
Civilian attorneys who specialize in family law know their state’s laws.
In other words, it’s not a crime in most states to date someone else if you’re separated from your spouse.
But, if a military spouse dates someone other than their spouse before being legally divorced, they risk being charged with the crime of adultery.
People often confuse being separated with a legal separation.
This article explains the differences between these concepts and provides a basic overview of military divorce.
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Therefore, it is essential to hire a civilian divorce attorney who is an expert in local family law matters.