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My divorce papers are finished but my attorney doesn't know…

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My divorce papers are finished...
My divorce papers are finished but my attorney doesn't know how to file for my military benefits from my ex-husband. What is the best way to finished this?
Submitted: 4 months ago.Category: Military Law
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Answered in 2 minutes by:
11/26/2017
Military Lawyer: rayanswers, Military Law Answer Team replied 4 months ago
rayanswers
rayanswers, Military Law Answer Team
Category: Military Law
Satisfied Customers: 46,289
Experience: Military Law Expert
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Military Lawyer: rayanswers, Military Law Answer Team replied 4 months ago

You need to make sure the divorce decree/property settlement reflects your share and you need a QDRO qualified domestic relations order.It tells the VA how much to pay you, I cannot emphasize how critical this is.This is most commonly subbed out ot a lawyer that specializes in ti, a retired judge, etc.

Reference to Virginia QDRO

http://www.lockequinn.com/articles/qualified-domestic-relations-order-qdro/

Once prepared, all parties and their lawyers sign it and then the judge.This is a flat fee for preparing this expect it to be $350-$500 . If your lawyer says he doesn't know how to do this sounds like you need a different lawyer.This is real common and its real common to screw it up.Don't be one of those folks.

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Military Lawyer: rayanswers, Military Law Answer Team replied 4 months ago

Here is lawyer that specializes in this, see if they can help you

https://www.livesaymyers.com/military-divorce/

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Military Lawyer: rayanswers, Military Law Answer Team replied 4 months ago

https://www.washingtonlawhelp.org/files/C9D2EA3F-0350-D9AF-ACAE-BF37E9BC9FFA/attachments/3745E570-2D15-4E54-A5D2-7CCABC612B56/3232en_divorce-and-vets-benefits.pdf

You really want to be careful here, this is a minefield if done right you get your benefits for rest of your life, it is important and you don't want to mess it up, its twice as hard to fix it.

I do appreciate the chance to help you today.Thanks and thanks for rating 5 stars.

There will be a calculation here the lawyer does for the years the person contributed that you were also married.It can be up to 50% if you were married the whole time.

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Military Lawyer: rayanswers, Military Law Answer Team replied 4 months ago
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rayanswers, Military Law Answer Team
Category: Military Law
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