Military Divorce and Legal Separation

My husband is in the U.S. Army and has asked me for a legal separation, what, if any benefits would I still be entitled too if we were separated? Also my husband is being rumored to be sleeping with a married woman to whom he serves as a team leader he’s an E-5 she’s an E-2, how much trouble could this cause him if this rumor spreads to the wrong people. They both deny it, and I know it to be untrue.

As a separated spouse, you would be entitled to all the benefits that you currently have as a married spouse. There are only two kinds of people in the Army — married and single(never married/divorced/widowed) – separated is not a separate category, as you are still married. However, separation does give you one benefit that you do not currently enjoy. As a married spouse, your husband is supposed to support you, but he may choose not to. As a separated spouse, you are entitled to a certain level of support. Essentially, unless you have a court order that says otherwise OR you sign a separation agreement, he must (assuming no other children or ex-spouse he is supporting) pay you the full amount of his Basic Allowance for Housing, or provide you in-kind support (such as housing or groceries, etc) if you agree. Other than that, you are still entitled to medical care, the commissary, PX, and all other benefits.

It is important that you see the Legal Assistance Office of your Staff Judge Advocate’s office if you and he intend to separate to preserve your legal right to the monetary support to which you are entitled. This assistance is free, and you will be assigned your own attorney who represents you alone, and not you and your husband. Ensure that, if you do separate, you get a fair accounting and distribution of property. Before you sign anything, make sure you fully understand it. You can share all of the information with your attorney, who will be bound by attorney-client privilege not to disclose any of the information you provide without your consent. Army attorneys in legal assistance work for you, not for the Army as their client. Of course, ask your attorney to reiterate his obligations, but he (or she) will tell you as I have.

He cannot turn your husband in for having an affair, but you may use that as leverage in getting a divorce on your terms in the way of property distribution and support. In many states, adultery is grounds for a quick divorce with no separation period. The attorney works for you, will advise you on your options, but works for you, and will keep your information private unless you consent to it being used.

As to the rumors, if they reach official ears, he could be investigated to determine whether it is true. Potentially, he could be court-martialed (although unlikely) or given an Article 15 for adultery. However, to prove adultery, usually one or the other must confess or they must be caught having sexual relations. There are other offenses, though, if he is in her chain of command. He could be relieved of his position and have other administrative consequences. And those are only the official consequences — unofficially, it could cause the rest of his unit to look differently at him and lose respect for him. It is best to try and squelch this rumor as soon as possible.

The Difference Between Divorce and Legal Separation

There are many options for a couple that doesn’t want to stay together. There is divorce for the ones, who need to put an end to their marriage. Couples can also go for annulment that would invalidate their marriage as an incident that never happened.

Then there is legal separation, which is a better option for a couple having kids. While the alimony calculation, child support etc remains the same in case of both divorce and legal separation, there are few distinction between divorce and legal separation procedures. Here are some of the basic differences:

Termination of marriage in divorce

While divorce can effectively terminate the marriage, legal separation only terminates the relationship between the couple without affecting their legal marital status. The couple is still married in the eyes of law. Separated couple can live separately, but that does not put an end to their marriage.

Couples who want to give their marriage a second chance by taking a break from each other or those to whom their kids’ emotional stability is very important often resorts to separation rather than divorce. This ultimately also eliminates the option of remarriage for both the husband and the wife.

Reasons for separation and divorce

There are many reasons because of which a couple may opt for separation. For some, their religion doesn’t allow them to divorce their spouses, in which case separation becomes their only option. In some cases, the spouses look at the benefits of legal separation like social and medical security.

After divorce these benefits get divided, but both partners can still share the benefits just as they used to when they were married. Sometimes, kids are at the center of the couples’ decisions. It may be less traumatic for kids, if their parents opt for a separation in place of a divorce. A divorce can prove to be very devastating for kids.

The Differences

There are some major differences in the way divorce and legal separation is filed. In general, the legal procedures for finalizing a divorce take longer than a separation. The documents involved in divorce and legal separation also differ. Should you have any doubts, you can always contact a divorce lawyer for further details.

A legal separation can lead to divorce

If a separation doesn’t work for a couple even after having put efforts, it is advisable that they get divorced but this doesn’t hold good the other way around. That is, if the couple has already got divorced, there is no way for them to go back and file for a separation. If the couple have reached the cul-de-sac in their marriage and have no hopes of reviving it whatsoever, divorce is the way to go.

Trial before divorce

Legal separation is like a trial period for the couple. It might not always lead to divorce. Some couples may realize that they can stay together and that divorce is not their only option. Legal separation could be the time for both the spouses to think over again and give their marriage a second chance.

If all works well, they may remain a happy family. The choice between a separation and divorce is in the hands of the couple. There are pros and cons to both but resorting to divorce without giving the relationship a second chance might not be the best thing couples do.

Read About Attorneys and Business Lawyers

An attorney is one who has obtained a law degree and has the ability to plead for, advise and fight in order to perpetuate the law. He can be a legal adviser for a company, or be practicing in the courts of law like in civil, criminal or family courts. Attorneys also called lawyers they can specialize in one or many areas of law and when looking for any sort of advice legally, ensure that you go to a lawyer who is a specialist in that specific subject.

There are a number of fields that an attorney can specialize in. You will find accident attorneys, attorneys for bankruptcy, civil lawyers, business or corporate attorneys, criminal attorneys, lawyers specializing in employment matters, insurance lawyers who ensure that whatever money is due to you is paid up on time, environmental law attorneys, lawyers well versed in family matters like divorce, intellectual property lawyers and many more.

If you happen to be running a small business, it is only natural that you will be up to your nose with decisions of umpteen matters day after day. There will be so many issues that need clarification, so in all probability it would be in your best interest to hire a competent business lawyer to look into many of your matters and help you to run your business smoothly. The need for a business attorney often missed out. There are so many matters like copyrights, various business laws, official amalgamation of business, liabilities, lawsuits, litigation and the like that need the attention of a legally well versed person.

Typically an excellent business lawyer should know all the different aspects of running a business or an organization, and should have the ability to help you in making decisions regarding how to run your business successfully and favorably. He should be in a position to inform you about the laws of the state concerning your business and also be able to get the requisite documents ready. The business lawyer will also know to draw up the necessary legal contracts required for the operation of your enterprise with your clients whether they are suppliers or customers.

He will and must act with your interest in mind and also elucidate in detail all nuances of any agreement that has been drawn up in simple legal terms that can be understood both by you and the other party involved. In addition, a legal business adviser in your company will only turn out to be a asset to the organization, particularly during issues that involve legal battles, especially if has been with the company for a few years and is well versed with everything that is happening inside it.