BACKGROUND:  

The military has been a very significant part of my life.  

Thirty-seven of the first forty-one years of my life was spent being 
associated in some way with the U.S. Army.  

>From the ages 4 to 22, I was a military dependent.   Being the oldest of 
seven children, I have always appreciated the military's desire to properly 
provide for all individual's associated with and supporting the efforts of 
personnel in the armed forces.

When I graduated from college in 1975, I stopped being a dependent.  I was 
commissioned a Second Lieutenant in the U.S. Army, and then started serving 
on active duty. 

While in the military, I was married in 1983 to a German woman.  We never had 
children. 

During my time in the military, I observed a sense of satisfaction and 
personal happiness by most military members when they retired.  

I was culturally indoctrinated to believe retiring from the military was a 
long term goal to strive for and look forward to, with the anticipation of a 
future of unlimited possibilities for personal and professional success later 
in civilian life.  

Like with other people, time elapsed for me too when I was on active duty.  

In 1994, after 19 years, my time in the U.S. Army came to an end.  

So, in the early evening on August 31, 1994, I finished gathering my personal 
belongings from my office where I was assigned at Fort Hunter Liggett, 
California and drove off the installation officially completing my time as a 
member of the military.   

The following day I would be officially retired from the U.S. Army as a Major.
 CIVILIAN LIFE - IF YOU ARE OR WERE A MARRIED MILITARY RETIREE, THE USFSPA IS 
LURKING IN THE SHADOWS

My life in the civilian world started very early the next morning on 
September 1, 1994.  

At 6:00 A.M. that day, I was awakened by a telephone call from my then-32 
year old wife.  

At that time, my then-wife and I were in the process of divorcing. 

My wife notified me that although she had previously agreed we would divorce 
amicably, she had changed her mind and decided to contest everything 
involving the divorce.  

She stated she would be hiring an attorney and just wanted me to know there 
would be a legal battle ahead.

The circumstances leading to the divorce was my then-wife's unwillingness to 
adapt to living in the United States.  

Back in May, 1991, she returned to Germany for a routine visit and extended 
her stay well into 1992.  

Two months after she returned, I was assigned to a Temporary Duty Project 
which required I be away periodically for one to four weeks at a time.  

Rather than be alone in California for any period of time or try to adjust in 
any way to living in the United States, my then-wife insisted she return to 
Germany until the my Temporary Duty project was completed.  

Knowing how unhappy my then-wife was in the United States, I agreed and she 
returned to Germany. 

However, the anticipated three month project I was assigned to was extended 
to eight months and through the rest of 1992.  So, my then-wife remained in 
Germany longer than planned.

When my Temporary Duty assignment was completed, my then-wife's father's 
already-poor health took a turn for the worse.  So my then-wife's stay was 
extended longer into 1993. 

Shortly afterwards her father passed away.   Then I was later offered early 
retirement.  

With time passing by, my then-wife being unhappy if she was not in Germany, 
and me not wanting or being able to reside in Germany permanently, my wife 
and I concurred a divorce would be appropriate.  

So, in December, 1993 I contacted an attorney in San Antonio, Texas to 
initiate the process for a divorce.

The attorney I contacted about a divorce came very highly recommended by my 
family since he had successfully handled a personal injury matter on behalf 
of my brother who had been severely injured in an automobile accident caused 
by a drunk driver.  

I had "assumed" and trusted my attorney would perform the necessary legal 
actions to complete the divorce in a timely manner.  However, throughout 
late-1993 and 1994, I had been preoccupied completing my time in the 
military, and in attending law school classes three evening each week as well 
as with studying.  

Consequently, I had not closely watched the actions of my attorney who, for 
some inexplicable reason, never filed the divorce paperwork with the Court 
and had "delayed" in completing any divorce actions I had requested be 
completed by the time I retired from the military.

Nine days after speaking with my then-wife, I was served with Interrogatories 
and Requests for Production of Documents by my then-wife's attorney.  

Additionally, I was notified my spouse was requesting the Court award her an 
extra amount of military retirement pay not normally awarded to spouses 
since: she was a German citizen, she did not have the advantage of a college 
education, and she had not been working prior to the divorce process starting.

Attached with the documents was a letter from my attorney stating he expected 
to resolve the matter with the opposing attorney outside of court.  But two 
hours later that same day, my attorney telephoned stating the other attorney 
was not interested in reaching an agreement on any issue.   He then advised 
me to return to San Antonio, Texas within two days.

I returned as advised by attorney.  

However, for the next two months, the opposing attorney submitted Motions for 
Continuance which were granted by the Court.  My attorney chose not to 
strongly oppose any Continuance for fear any such action might be negatively 
construed by a Court in a trial at a later date.