I was legally separated from my ex-wife in 12/2013 and subsequently divorced in 5/2014. We were married for 14 years (all of which I was active duty military) and we received our divorce decree from Japan. In our separation agreement (witnessed by our military lawyers, but not in a court order), I mistakenly signed a statement that said I would petition California or a court of competent jurisdiction to obtain a divorce order, but in the divorce decree it states my ex-wife will file in California or a court of competent jurisdiction. My ex-wife retained a California lawyer to apply to DFAS to have an involuntary allotment of $500 (as outlined in both the sep agreement and divorce decree) taken from my retirement pay. DFAS denied her application because we only have a Japanese divorce decree and now her lawyer is telling my I must file with the court in Nevada (my state of residence) to have this decree recognized by DFAS for the sole purpose of her getting an involuntary allotment started.
I have not missed any payments from her share of my retirement. Am I still required to file a divorce decree in Nevada?
Answer
Well, there are a lot of inaccurate terms being floated in that question, and the answer is a long one. What to do and how to do it is explained in the article "Divorcing the Military: How to Attack, How to Defend," in the section about the "Special Problems of International Divorces," posted at http://willicklawgroup.com/military-retirement-benefits/. If that does not answer all of your questions, consider bringing all your paperwork in for a consultation and we can go over it all and give very specific directions.
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