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Military Divorce Laws in Oregon

Posted on May 28, 2021 03:22pm
Military Divorce Laws in Oregon

Military service members and their spouses can file for a divorce in the state where the nonmilitary spouse resides, the state where the service member is currently stationed, or the state where the service member claims legal residency. Although military divorces follow many of the same procedures as civilian divorces, there are some notable differences in the state of Oregon.

Active duty military members are protected under the law from being held in "default" because they fail to respond to a divorce action. These laws were designed to prevent active military from being divorced without knowing it. Servicemembers can decide to waive delaying the divorce if they sign paperwork that allows the divorce to proceed uncontested.

Under the Servicemembers Civil Relief Act, as well as the discretion of the local Oregon court, divorce proceedings can be postponed for the entire time the active servicemember is on duty and for up to 60 days thereafter.

How Do I Serve an Active Military Spouse?

An active duty spouse must be personally served with a summons and a copy of the divorce action before an Oregon court can have jurisdiction over the active military member. If the divorce case is uncontested, the active duty spouse doesn’t need to be served if they sign and file a waiver affidavit acknowledging the divorce action.

Retirement Benefits

The Uniformed Services Former Spouses’ Protection Act (USFSPA) dictates how military retirement benefits are calculated and divided when a military service member gets divorced. The spouse must be married to the servicemember for a minimum of 10 years while the servicemember was on active duty.

Under the Morale, Welfare, and Recreation program, a former spouse who has not remarried can receive medical, commissary, exchange, and theater privileges if they were married to a military member for at least 20 years at the time of the divorce. The military member must have performed at least 20 years of service that is creditable towards eligibility for retired pay.

Child and Spousal Support

Under federal law, child support and spousal support awards cannot exceed 60% of a servicemember's pay and allowances. Oregon child support guidelines, worksheets, and schedules will determine the proper amount of child support.

Consult with a Reliable and Knowledgeable Military Divorce Lawyer

At McKinley Irvin, our team of family law attorneys proudly represent service members and military spouses in a wide range of matters. If you are facing a military divorce or child custody dispute, our firm can provide the top-notch legal counsel that you need to protect your best interests. We are prepared to work tirelessly to help maximize your settlement or secure the most favorable court orders. Contact us to schedule a consultation with one of our legal professionals.

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