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Association - The American Bar Association legal guide for military families: everything you need to know about family law, estate planning, and the Service-Members Civil Relief Act

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Working with a lawyer -- Family law and the military -- Debt and finance for military families -- Housing, real estate, and landlord-tenant issues -- Motor vehicle sales, finance, and repair -- Wills and estate planning -- Military health care and insurance -- Your employment rights -- Discharge from the military -- Disability issues -- Veterans benefits.

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This publication is sold with the understanding that neither the author nor the - photo 1
This publication is sold with the understanding that neither the author nor the - photo 2

This publication is sold with the understanding that neither the author nor the publisher is engaged in rendering legal service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. Material in this book should not be construed to be the official policy of either the American Bar Association or the Standing Committee on Public Education.

Copyright 2013 by The American Bar Association

All rights reserved. Published in the United States by Random House Reference, an imprint of The Random House Audio Publishing Group, a division of Random House, Inc., New York, and in Canada by Random House of Canada Limited, Toronto.

RANDOM HOUSE is a registered trademark of Random House, Inc.

Please address inquiries about electronic licensing of any products for use on a network, in software, or on CD-ROM to the Subsidiary Rights Department, Random House Information Group, fax 212-572-6003.

This book is available at special discounts for bulk purchases for sales promotions or premiums. Special editions, including personalized covers, excerpts of existing books, and corporate imprints, can be created in large quantities for special needs. For more information, write to Random House, Inc., Special Markets/Premium Sales, 1745 Broadway, MD 3-1, New York, NY, 10019 or email .

Visit the Random House Web site: www.randomhouse.com

Library of Congress Cataloging-in-Publication Data

The American Bar Association legal guide for military families : everything you need to know about family law, estate planning, and the Service-Members Civil Relief Act.
pages cm.
Includes index.
ISBN 978-0-375-72384-1
1. Families of military personnelLegal status, laws, etc.United StatesPopular works.
KF390.M55A58 2013
349.73088355dc23
2013010394

eBook ISBN: 978-0-375-72397-1
Trade Paperback: 978-0-375-72384-1

v3.1

American Bar Association

Jack R Rivers Executive Director Mabel C McKinney-Browning Director - photo 3

Jack R. Rivers
Executive Director

Mabel C. McKinney-Browning
Director, Division for Public Education

Mark Cohen and Catherine Hawke
Series Editors

A MERICAN B AR S TANDING C OMMITTEE ON
P UBLIC E DUCATION

Kim Askew
Dallas, TX
Chair

Cory M. Amron
Washington, DC
Chair, Gavel Awards

Amelia Boss
Philadelphia, PA

Pamila Brown
Ellicott City, MD

Nicole Harris
San Francisco, CA

Jaime Hawk
Spokane, WA

Angela Hinton
Fayetteville, GA

Marvin D. Infinger
Charleston, SC

Jodi Levine
Oklahoma City, OK
Board of Governors liaison

Christel E. Marquardt
Topeka, KS

Bob Paolini
Montpelier, VT

Christina Plum
Milwaukee, WI

Patricia Lee Refo
Phoenix, AZ
Chair, Law Day

Ellen Rosenblum
Portland, OR

David Swenson
Waco, TX

Walter Sutton
Bentonville, AR

George Frank
Philadelphia, PA
Intellectual Property Law Liaison

A MERICAN B AR A SSOCIATION A DVISORY
C OMMISSION ON P UBLIC E DUCATION

Joseph F. Baca
Albuquerque, NM

Marshall Croddy
Los Angeles, CA

Mary Dudziak
Los Angeles, CA

Leslie C. Francis
Washington, DC

Kathleen Gormley Johnson
Ft. Mitchell, KY

Nancy Kranich
Highland Park, NJ

Stephen Macedo
Princeton, NJ

Karen Birgam Martin
Alexandria, VA

Bruce Merenstein
Philadelphia, PA

Neil Nicoll
Chicago, IL

Karl Shoemaker
Madison, WI

Carmita Vaughan
Chicago, IL

Marguerite Zack
Miami Beach, FL

Danielle Sheree Weavers-Rogers
Tampa, FL
Law Student Liaison

A UTHORS OF L EGAL G UIDE F OR M ILITARY
F AMILIES

Dwain Alexander, II
Norfolk, VA

Duncan Aukland
Worthington, OH

Brian Clauss
Chicago, IL

Dan Lacy
Chicago, IL

Mark D. Matthews
Williamsburg, VA

Steven M. Novak
Chicago, IL

Lyndsey MD Olson
St. Paul, MN

Trevor Orsinger
Chicago, IL

Karen Pike
Fort Sam Houston, TX

Michael Schag
Edwardsville, IL

Stacey-Rae Simcox
Williamsburg, VA

R EVIEWERS

George Tripp Adams
Chicago, IL

Amy Armond
Chicago, IL

Jan Boback
Chicago, IL

Christopher Dunne
Washington, DC

Kevin Patrick Flood
Jacksonville, FL

Charlene Foss
Chicago, IL

Julie A. Govreau
Chicago, IL

Jaye Richard Lindsay
Chicago, IL

Kenyon Luce
Tacoma, WA

Anthony R. McGee
Chicago, IL

Steven M. Novak
Chicago, IL

Hilary Phillips
Chicago, IL

Lyndsey MD Olson
St. Paul, MN

Robert Olson
Park Ridge, IL

John B. Oldershaw
Burr Ridge, IL

Zenia Salles
Chicago, IL

Samuel F. Wright
Washington, DC

CONTENTS

FOREWORD Jack L Rives Executive Director American Bar Association O ur - photo 4

FOREWORD

Jack L Rives Executive Director American Bar Association O ur nation owes - photo 5

Jack L. Rives
Executive Director, American Bar Association

O ur nation owes a real debt of gratitude to military families. Servicemembers willingly put themselves in harms way to protect the freedoms that we hold so dear. Too often, we do not also think of their spouses and children, who endure frequent moves, prolonged separations, and financial sacrifices so that their loved one may serve. Our nations security depends upon the commitment and dedication of these families.

The heavy costs borne by members of the military and their families often include facing a variety of legal concerns. The servicemember who is transferred to a new location may face difficulty getting out of her lease. The servicemember returning from a lengthy deployment in a high-risk location may find his spouse wants a divorce. The reservist who is called up to active service from a lucrative civilian position may worry what will happen to her position upon her return from serving. It is essential that military families, who sacrifice so much for all of us, be aware of the legal protections to which they are entitled.

The Legal Guide for Military Families is a comprehensive resource, providing military families with a practical understanding of the legal issues they frequently encounter. The authors of this Guide are attorneys with years of experience dealing with servicemembers and their families. They are well versed in the relevant legal subject areas, including the special legal protections available only to military families. The legal information and practical tips contained in this book are presented in a user-friendly, plain-language format. In addition to reading this book, I encourage you to visit ABA Homefront (www.abahomefront.org). That site has a wealth of information about the legal resources available for veterans, servicemembers, and military families, including how to find an attorney.

The Legal Guide for Military Families is one of a series of legal guide books published under the auspices of the American Bar Associations Standing Committee on Public Education. This book was designed to provide you with knowledge of the law and the legal framework of issues impacting military families. It is

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