Family Matters | Stateside Legal

Domestic Violence: Consequences For the Alleged Abuser

Frequently Asked Questions regarding domestic violence and the consequences for an abusive servicemember.

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Uniformed Services Former Spouses Protection Act

FAQs about the Uniformed Services Former Spouses Protection Act and how it can help enforce a Court Order regarding military retirement pay, child support or alimony owed by a service member.

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Divorce In Military Families – How It’s Different & What You Need To Know

Read our popular Frequently Asked Questions (FAQs) page to learn about how divorce and how it's different for military families.

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Benefits at Separation

This is a quick summary of several important benefits. The chart shows whether you may qualify, based on your discharge status.

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Can I Sue the United States if I am Injured while on Active-Duty?

The law about suing the United States government is complicated. Read more information about this Frequently Asked Question here.

VA Disability Compensation and Divorce: Facts and Fallacies

Frequently asked questions about VA disability compensation and how the court handles it in divorce, family support, garnishment and military pension divisions.

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Citizenship for Children Born to Servicemembers Overseas

This article explains citizenship for children born to servicemembers overseas. It includes children whose parents are U.S. citizens and those who are not. It also details how some children can gain U.S. citizenship.

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Domestic Violence: Victims and Survivors

Frequently Asked Questions about Domestic Violence, where you can get help, what the legal process is to get a protection order, and how it could affect the military benefits.

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Waiver of SCRA

The Servicemembers Civil Relief Act (SCRA) provides several protection for active duty military members, including the potential to delay a lawsuit. However, a servicemember might want a case (such as a divorce) to move forward quickly and so they would like to waive that protection. It's possible to do that and you can read here for more information.

Divorce

October 30, 2021

Question:

My husband is a 100% disabled veteran that has PTSD and multiple personalities. He is leaving us with nothing. I am disabled and unable to work and we have two kids to take care of. The only money is his disability. I am his fiduciary and don't want to mismanage his money by paying for our house and utilities. What can I do?

Jim's Reply:

If you want to actually settle this as it should be, the family court is the only real answer for you. Unless and until you get all this in front of a magistrate there is nothing anyone can do to provide any real assistance to you. We can talk about what could or should happen but nothing will go forward until you're in court.

That you are his fiduciary complicates things...a lot. The very best thing you can do for yourself is to get in touch with a local divorce lawyer and explain what you're up against. Divorce lawyers cost money and you'll be billed but if you ask around I have a feeling you'll find an attorney who will allow you some time to make payments.

In the end you really will have to get legal help, either from an attorney or a local legal aid group. I don't see any other option. Good luck.

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