DIVORCE HEADQUARTERS NEWSLETTER       Issue #37,     August/September 2003 Know someone else going through the process? If you think they could benefit from this newsletter feel free to pass it on in it's entirety to them. Don't argue with an idiot; people watching may not be able to tell the difference. - Unknown In this Issue: Mediation Treatment of Disability Pay in Military Divorce     By James D. Livesay, Esquire Read All About It Divorce Humor 1. Mediation Mediation is a process where couples negotiate an acceptable agreement with the aid of a mediator. The agreement negotiated is legally binding. A mediator is a neutral third party who assists in the negotiations; however, they do no make the decisions for you. Just as every situation is different, every mediator has a different approach to mediation. It is the mediators responsibility to structure the sessions so that the couple can successfully negotiate a divorce agreement. A good mediator will encourage you to put the past behind you and focus on the facts at the present moment. There are different phases that the mediation process goes through. Initially, the couple will meet with the mediator and discuss the background information and the facts of their particular situation. At this meeting the approach that will be used during the mediation will be determined. This approach is usually determined by the communication between the couple and the issues that need to be resolved. Next is the information gathering stage. The couple will provide the mediator with information pertinent to their situation such as real estate owned, retirement fund, debts and inventory of jointly owned assets including bank accounts, investment accounts, automobiles etc. Often during the information gathering stage the sessions are held separately. If the couple can't agree, it is the responsibility of the mediator to help them come up with the options available to resolve the disagreements. To find our more about mediation check out www.divorcehq.com/mediation.html If you think mediation is for you, check our national directory of mediators at www.divorcehq.com/mediatordir.html 2. Treatment of Disability Pay in Military Divorce        By James D. Livesay, Esquire In military divorce cases, Virginia courts are allowed by the federal Uniformed Services Former Spouses Protection Act (the "USFSPA") to award the service member's former spouse a portion of his or her "disposable retired pay." The USFSPA excludes from the definition of disposable retired pay any disability pay the service member receives. A service member may receive one of two different types of disability pay, both of which are excluded from the USFSPA definition of disposable retired pay: (1) military disability retired pay, and (2) VA disability compensation. The exclusion of disability pay benefits from the definition of disposable retired pay means that the former spouse of a service member may lose out on hundreds or thousands of dollars per month that he or she might otherwise have received in a division of the member's disposable retired pay. This article explains the two types of disability pay available to some service members, and gives examples of how the service member's receipt of such pay can affect the former spouse. Military Disability Retired Pay The first type of disability pay a member may receive is military disability retired pay. Military disability retired pay is available for those service members who are sufficiently disabled that they cannot perform their assigned duties. If a member has enough creditable service, the member may be placed on the "disability retired list" and may begin to draw disability retired pay. VA Disability Compensation The second type of disability pay a member may receive is disability compensation from the Department of Veteran's Affairs ("VA disability compensation"). For the full the online version of Mr. Livesay's article including examples of Military Disability Retired Pay and VA Disability Compensation as well as Planning for Disability Pay, go to: www.divorcehq.com/articles/disabilitymilitary.shtml ABOUT THE AUTHOR James D. Livesay, is a partner in the firm Livesay and Myers. Livesay and Myers is a full-service law firm dedicated to providing aggressive representation and personal attention to their clients. The lawyers at Livesay & Myers, P.C. are experienced in handling every sort of family law matter in the Commonwealth of Virginia. James D. Livesay can be contacted by phone at (540)370-4140 or or Visit Web Site 3. Read All About It Are you considering divorce? Just filed for divorce? Has your spouse just told you they want a divorce? Maybe you are already divorced. Having the legalities behind you does not mean all your divorce issues are resolved; in fact, some of them may just be starting. Whatever stage you are in you are probably looking for information on the subject. Sir Francis Bacon said,"Knowledge is power." The Internet is an outstanding source to find books on a wide range of divorce topics. We have searched the Internet for you and have come up with a diversified collection of books that may help you through this trying time. These books are for men, women and children. There are books for each stage from beginning the divorce to recovery. Take a look. http://www.divorcehq.com/divorcebooks.html If you are interested in books that you can download directly from the Internet, we have found those for you as well. http://www.divorcehq.com/onlinebooks.html 4. HUMOR For Sale - Wedding dress, size 12. Worn once by mistake Then there was a man who said, "I never knew what real happiness was until I got married; and then it was too late."