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Husband was divorced from wife #2, still in post office.

Customer Question
Husband was divorced from...

Husband was divorced from wife #2, still in post office. Remarried, then was placed on postal disability. #2 wife sent letter demanding pasta; reirement pay, also wants military retirement pay, only military reserve component. Research I have been able to find states not eligible for military due to not married at least 10 years. Husband very ill, trying to relieve his mind.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

They were in Virginia, we now reside in North Carolina. She is still in Va.

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

We got a letter from her yesterday dated March 11, she wants a proposal in writing in 14 days or "will take legal action". His divorce papers say nothing about her getting his pensions, but there was ?? another hearing that we have no documentation for. Husband adamant he didn't agree to any pensions split.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They had a son who is deceased. Is there any fee for this consult? He also was still in military after their divorce.

Submitted: 4 months ago.Category: Family Law
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Answered in 1 hour by:
3/17/2018
Family Lawyer: Sue, Family Law Attorney replied 4 months ago
Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 571
Experience: Family Law litigator for over 35 years
Verified

Hello, I’m here to help you today. I'm a licensed attorney with over 35 years’ experience in family law. I'll review your question and be right back.

Yes, there is a fee for this consult. That is the provenance of the JA site. Experts are not involved in setting or collecting fees.

I am happy to help you if you want to proceed.

Sue

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Customer reply replied 4 months ago
Can an ex-spouse married to army person less than 10 years get part of his military retirement? He was still in military after they divorced. Also, his postal disability was acquired after their divorce. Can she get part of those funds.
Customer reply replied 4 months ago
We'd rather see it in print.
Family Lawyer: Sue, Family Law Attorney replied 4 months ago

Just to be clear, are you saying you'd like to see the JA costs in print before we proceed, or you'd like to see the military retirement eligibility in print before you respond to Wife #2's letter?

For JA costs, you can contact the site Moderator.

Sue

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Customer reply replied 4 months ago
I will contact tomorrow. Will talk by phone but he's here now. I'll call in AM if possible before I have to get him up.
Family Lawyer: Sue, Family Law Attorney replied 4 months ago

Because I'm not in a position to take a phone call, I can return you to the experts page. Would you like that?

Sue

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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