Best Military Divorce Lawyers in Englewood

About Military Divorce Law in Englewood, United States

Divorce involving a service member or their spouse can be a complex legal matter due to the unique circumstances of military life. In Englewood, United States, Military Divorce follows specific laws and regulations that may differ from civilian divorces.

Why You May Need a Lawyer

It is highly recommended to seek legal counsel in Military Divorce cases to ensure your rights are protected and to navigate the complexities of military regulations. A lawyer can help with issues such as division of military benefits, child custody arrangements during deployments, and jurisdictional matters.

Local Laws Overview

In Englewood, United States, Military Divorce may involve factors like the Service Members Civil Relief Act (SCRA), division of military pensions, child custody and support considerations during deployments, and jurisdictional issues if one spouse is stationed in another state or country.

Frequently Asked Questions

Q: Can I file for divorce in Englewood if my spouse is stationed elsewhere?

A: Yes, as long as you or your spouse meets the residency requirements in Englewood, you can file for divorce even if one of you is stationed elsewhere.

Q: How are military pensions divided in a divorce?

A: Military pensions are considered marital property and may be divided according to state laws. The Uniformed Services Former Spouses' Protection Act (USFSPA) provides guidelines for dividing military pensions in divorces.

Q: How does deployment affect child custody arrangements?

A: Deployment can impact child custody arrangements, and special provisions may need to be made to ensure the well-being of the children during deployment periods. It is essential to address these issues in divorce proceedings.

Q: What is the Service Members Civil Relief Act (SCRA) and how does it apply to Military Divorce?

A: The SCRA provides protections for service members facing legal actions, including divorce proceedings. It may postpone certain legal proceedings while a service member is on active duty.

Q: Can a civilian attorney handle a Military Divorce case?

A: While a civilian attorney can handle Military Divorce cases, it is advisable to work with a lawyer experienced in Military Divorce due to the unique aspects of military law and regulations.

Q: How long does a Military Divorce typically take?

A: The duration of a Military Divorce can vary depending on factors like the complexity of the case, the need to address military-specific issues, and whether the divorce is contested or uncontested.

Q: Do I need my spouse's consent to file for divorce in a Military Divorce?

A: No, in most cases, you do not need your spouse's consent to file for divorce in a Military Divorce. However, your spouse will need to be served with the divorce papers and have the opportunity to respond.

Q: How is alimony determined in a Military Divorce?

A: Alimony or spousal support in a Military Divorce is determined based on factors like the length of the marriage, the financial needs of each spouse, and the ability to pay alimony. Military benefits may also be considered in determining alimony.

Q: Can I still receive military benefits after a Military Divorce?

A: Depending on the circumstances of the divorce, a former spouse may be eligible to receive certain military benefits, such as healthcare or commissary privileges, under the 20/20/20 or 20/20/15 rules of the USFSPA.

Q: How can I ensure a fair division of assets in a Military Divorce?

A: To ensure a fair division of assets in a Military Divorce, it is important to work with a lawyer who understands the complexities of military benefits and pensions. Consulting with a financial advisor may also be helpful.

Additional Resources

For further information and assistance in Military Divorce cases in Englewood, United States, you may contact the local Family Law Court, legal aid organizations, or seek guidance from the Judge Advocate General's Corps (JAG) if you are a service member.

Next Steps

If you are considering or facing a Military Divorce in Englewood, United States, it is crucial to consult with a knowledgeable attorney specializing in Military Divorce. They can guide you through the legal process, protect your rights, and help you achieve a fair resolution in your case.