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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]
Divorce courts retain the discretion to refuse to enforce prenuptial agreement terms restricting a party’s right to seek alimony if that party would have to seek public assistance as a result of the alimony waiver, or if the restriction on the right to seek alimony is unconscionable or unfair when the divorce occurs.
Family visitation rights for the spouse and non-biological children, such as to visit a spouse in a hospital or prison; Next-of-kin status for emergency medical decisions or filing wrongful death claims; Custodial rights to children, shared property, child support, and alimony after divorce; Domestic violence intervention
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New Jersey courts require all divorcing parents with minor children to complete a mandatory Parents' Education Program before granting a divorce per the Parent's Education Act. The law, N.J.S.A 2A:34-12.3 [ 7 ] , enacted in 1999, was established to promote cooperation between the parties and to assist in resolving issues that arrive during the ...
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