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On 5 March 13, my husband went to an attorney and requested

a no fault divorce. we've...
On 5 March 13, my husband went to an attorney and requested a no fault divorce. we've been married for 28 years. He retired after 20 years in the Army in 1996. Is there any way I can keep receiving the medical benifits from him. I would also like to know if I'm entitled to half of his military retirement pay. What I would like to know, just what am I entitled to?
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Answered in 12 minutes by:
3/23/2013
LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Military Law
Satisfied Customers: 7,639
Experience: Relax. Let's work together. Practical solutions.
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Hello Evelyn,

My name isXXXXX a licensed attorney. Glad to try and help out.

Sure sorry for your circumstances, truly. My heart goes out to you.

Accordingly, I'm pleased to share the following information. The number "20" is hugely important in such cases, as follows. Pursuant to what is known as the "20/20/20" rule, expressed in the Former Spouse Protection Act, 10 U.S.C. § 1408, and codified at 10 U.S.C. §1072(2)(F), you're in a favorable position here. In other words, the good news is you would qualify for the highest level, known as "full benefits".

Here's an overview of what to expect:

Full Benefits ("20/20/20" Rule)


If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.


I truly hope all works out for you.


Take care,


Ben, J.D.

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Customer reply replied 4 years ago

He started this divorce in Birmingham, AL and I live in Roswell, NM, I this matter to be handled in the state of Alabama? Would it be possible for you to refer an attorney that will be able to help me? I would also like to know how much time will I have to send a response? The letter is dated 5 March 13, and received it on 11 March 13.

 

Customer reply replied 4 years ago

I'm still waiting for an answer on my second question.

Hello again Evelyn,


Thanks for writing back..great to hear from you!


I'll address your additional questions in the order presented:

(1) "He started this divorce in Birmingham, AL and I live in Roswell, NM, I this matter to be handled in the state of Alabama?"

The divorce will be adjudicated in the jurisdiction in which it is filed. In other words, if he filed the case in Alabama, it would be heard there. In order to survive dismissal on residency grounds, this means your husband must have been a resident of the state for six months or longer before he filed his suit.

(2) "Would it be possible for you to refer an attorney that will be able to help me?"

To help folks in this online venue, I am required to follow site rules including refraining from accepting cases and/or making direct referrals to named attorneys. However, I can tell you where I would turn were I in your very shoes. Here's a resource you can trust without hesitation, and it's also the best bargain you'll find. Since you live in another state, it offers an opportunity to schedule a telephone consultation:

 

Alabama State Bar Lawyer Referral Service

(3) "I would also like to know how much time will I have to send a response? The letter is dated 5 March 13, and received it on 11 March 13."


There is no legal duty to respond to a letter. But, upon being served with an actual Summons and Complaint, your Answer will be due by 30 days thereafter. Special "counting rules" apply procedurally, but your lawyer will know how to properly count to make sure everything is timely.


Kind regards,


Ben, J.D.

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Customer reply replied 4 years ago

Ben, I would like to THANK YOU VERY MUCH FOR YOUR HELP!!!!

Hello again Evelyn,

You are most welcome..my pleasure entirely!

It makes my day to know that my answers have been helpful to you. Thanks so much for the kindness of taking the time to write back and let me know.
Best regards,
Ben, J.D.
LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Military Law
Satisfied Customers: 7,639
Experience: Relax. Let's work together. Practical solutions.
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LawHelpNow and 87 other Military Law Specialists are ready to help you
Ask your own question now
Hello Evelyn,

I enjoyed working with you recently.

How are things going?

Is there anything else I can do to help?

Please just let me know.

Thanks!

Ben, J.D.
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