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The Uniformed Services Former Spouses' Protection Act (or USFSPA) is a U.S. federal law enacted on September 8, 1982 to address issues that arise when a member of the military divorces, and primarily concerns jointly-earned marital property consisting of benefits earned during marriage and while one of the spouses (or both) is a military service member. [3]
Military divorce is a specific type of divorce that arises when one or both partners are members of the military. Although typically an uncontested divorce, military divorces are different because they require additional requirements to be fulfilled. Divorces occur less frequently than within the civilian population. [1]
The military justice system under the Articles of War and Articles for the Government of the Navy received significant attention during World War II and its immediate aftermath. During the war, in which over 16 million persons served in the American armed forces, the military services held over 1.7 million courts-martial.
The National Association of Women Lawyers was instrumental in convincing the American Bar Association to create a Family Law section in many state courts, and pushed strongly for no-fault divorce law around 1960 (cf. Uniform Marriage and Divorce Act). In 1969, California became the first U.S. state to pass a no-fault divorce law. [15]
The Sole Survivor Policy or United States Department of Defense Directive 1315.15 "Special Separation Policies for Survivorship" describes a set of regulations in the United States military, partially stipulated by law, that are designed to protect members of a family from the draft during peacetime or wartime if they have already lost family members to military service.
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Divorce laws have changed a great deal over the last few centuries. [10] Many of the grounds for divorce available in the United States today are rooted in the policies instated by early British rule. [11] Following the American Colonies' independence, each settlement generally determined its own acceptable grounds for divorce. [12]
In the United States, common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact is a form of irregular marriage that survives only in seven U.S. states and the District of Columbia along with some provisions of military law; plus two other states that recognize domestic common law marriage after the fact for limited purposes.