
ARE YOU READY FOR DEPLOYMENT?
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Deployments are not
getting shorter and realistically there is no end in sight.
You must take the following action to ensure you do not
return home and find everything gone after a long deployment
overseas. Here are the bitter
facts: 67% of all deployed soldiers return to a divorce and
90% will be divorced within 5 years of returning from
deployment. For most, this will end your military career
because of financial and emotional destruction. You cannot
defend yourself against the emotional scarring and emotional
pain you will suffer. But you can take steps to limit the
financial damage caused by a spouse who goes rogue while
their spouse is deployed. It is this added stress that has
become a driving force behind the rash of military and
veteran suicides. 70% of military and veteran suicides have
had some type of contact, or pending contact, with the
family court system. You must remember: JAG will not assist
you at all in civil matters. You must assist
yourself. Take the following steps to ensure you have some
degree of peace of mind. Save yourself from a costly
retainer fee. But, if you need outside intervention, this is
your ace in the hole. 1. The day you get
your mobilization order seek an attorney and put down a
retainer fee. 2. Sign a power of
attorney for the attorney to handle your affairs while you
are deployed. 3. Make your power of
attorney specific: Give the attorney the power to stop any
mortgages, credit card applications. Allow him/her access to
view your credit and intercede on your behalf if credit is
attempted in your name while you are gone. 4. Arm your attorney
with a copy of your mobilization orders and a copy of the
SCRA - a new law for deployed soldiers and service
members. a. This act limits
lawsuits and divorces from being carried out while you are
deployed. Make sure your lawyer knows this up front. Most
are unfamiliar with this and so are the
courts. b. Have your attorney
on standby to file this paperwork with the court if the
worst should happen while you are deployed. c This will give you
legal standing in Federal court if have a judgment of any
kind put against you while deployed. 5. Open a bank account
in your name only and fill out direct deposit forms. Leave a
copy with your attorney to take it to the Finance office.
You keep a copy to file with Finance
in-country. A. This will allow you
to control your money. Returning home after 15 months away
to a zero bank account is devastating to say the
least. B. Allowing you to
control your money gives you a huge advantage in case of
divorce and separation C. Almost never will a
"soon to be ex-spouse" be ordered to return any money that
was spent and or squandered. Remove any personal
property from the household that has any significant value
to you. The most common items are gun collections, extra
cars, motorcycles and boats. Make sure you have copies of
any pictures and records that are of value to you and have
them stored off site. Too many service men have returned
home to finding out that everything they owned was sold
and/or given away. A. Get an off post
storage area to hold your items and pay at least one year in
advance. Keep it only in your name. B. Make sure you
notify the facility that only you and your attorney are to
have access to this storage space. C. Again any property
left is up for grabs and will more than likely be sacrificed
and lost forever in a divorce. D. No judge will ever
order the return of property that was a joint marital asset
if it was disposed of before a divorce was
filed. 7. For servicemen with
children Pre-fill out a motion for divorce with a parenting
plan and leave it with your attorney. Have him file this if
the following should happen: A. Your spouse moves
away or out of state with your child while you are
deployed; B. Your spouse
suddenly disappears while you are deployed; C. You feel you have
to file for divorce. This is done to ensure
that the divorce is handled where you live and not in
another state hundreds of miles away from you. In most
cases, if the spouse can set up residence in another state
for 6 months, they can file for divorce and that state will
handle the case. In most instances, you have lost your
children if this is allowed to happen. 8 . If the worst
happens and you have to implement this plan your actions in
protecting yourself may cause your Chain-of-Command to get
involved. If this happens, refer them to your attorney and
remind them that JAG does not handle a civil
matter. Some of these steps
may sound harsh; however, we are talking about outside
forces that may control the rest of your life. I am not
saying don't trust your wife; what I am saying is take
control over your destiny and guarantee some piece of mind
for yourself when you have to march off to war. Anything can
happen. Again, a quick review 1. JAG cannot help you
in a civil matter. 2. Get an attorney. It
is better to have and not need, then to need and not
have. 3. Arm your attorney
with the tools he needs to fight for you in your
absence. 4. Remove your
valuables from the home and store them somewhere
else. 5. Pre-fill out a
motion for divorce. Your attorney should to do this before
you leave. It is only a precaution if the worst should
happen. 6. Get a standby bank
account to preserve your financial standing if the worst
should happen. 7. Most important:
KEEP THESE ACTIONS TO YOURSELF. If the worst should happen,
you want surprise and protection on YOUR
side. This is just some
friendly advice from someone who has been there ,and done
that, and lived to tell the tale. Submitted by Terrance
Popp Secondclasscitizen.org