Legal tips for a less painful divorce

  • Published
  • By Capt. Jeremy Cameron
  • Assistant Staff Judge Advocate
DYESS AIR FORCE BASE, Texas --  Divorce is a difficult process for anyone, but even more so for Airmen facing the stresses of deployment and regular military life. 

According to Department of Defense statistics, the divorce rate in the Air Force for fiscal year 2008 was 3.5 percent. The divorce rate of male members was 2.9 percent while for female members it was 6.5 percent. 

If you are going through a divorce, determine who will have temporary custody of any children involved. If the member is not the primary caregiver, they will be responsible for child support. 

Airmen also have a responsibility to support their spouse until the divorce is legally finalized. According to Air Force Instruction 36-2906, Personal Financial Responsibility, members must provide "adequate financial support" to their dependents. 

At a minimum, this would include the difference between the single and dependent rate for the basic allowance for housing; however, the total amount is in the discretion of commanders. 

Divorcing members should make a list of all the property they own and calmly discuss with their spouse how to divide that property. 

Members should be careful about the communications they send to their soon to be ex-spouse. Those same e-mails or phone messages left during one night in anger can easily reappear in court. 

Once the divorce is finalized, members should review their wills and life insurance to determine if changes need to be made. 

Most members will need to hire a civilian attorney to guide them through the divorce or even to litigate on their behalf. 

The most effective way to locate a good civilian attorney is to talk with acquaintances who have previously hired a lawyer. Other good resources are the telephone book and the local bar association. 

When confronting divorce, the most important thing you can do is to keep yourself informed. For more information, call the 7th Bomb Wing Legal Office at (325) 696-2232.