Best Military Divorce Lawyers in Milwaukee

About Military Divorce Law in Milwaukee, United States

Military divorce in Milwaukee, United States, refers to the legal process of ending a marriage between a service member and their spouse. Due to the unique circumstances surrounding military service, such as deployments and frequent relocations, military divorces can present complex legal challenges that differ from civilian divorces.

Why You May Need a Lawyer

It is recommended to seek legal representation in military divorce cases due to the intricate nature of military laws and regulations. A lawyer can help navigate issues such as division of military benefits, child custody arrangements during deployments, and compliance with the Servicemembers Civil Relief Act.

Local Laws Overview

In Milwaukee, Wisconsin, military divorce follows state laws governing divorce proceedings. Wisconsin is a no-fault divorce state, meaning a couple can get divorced without proving any wrongdoing. However, special considerations must be made for military pensions and benefits, as Wisconsin follows equitable distribution laws regarding property division.

Frequently Asked Questions

1. Can a military spouse file for divorce in Milwaukee if their spouse is deployed?

Yes, a military spouse can file for divorce in Milwaukee even if their spouse is deployed. Special procedures exist to ensure the deployed service member receives proper notice and has an opportunity to participate in the legal proceedings.

2. How are military pensions divided in a divorce?

Military pensions are considered marital property and can be divided through a Qualified Domestic Relations Order (QDRO). This legal document outlines how military benefits will be distributed between the service member and their former spouse.

3. What happens to child custody arrangements during military deployments?

Custody arrangements may need to be modified during military deployments to ensure the child's best interests are met. It is essential to have a detailed parenting plan in place that addresses how custody will be handled during deployments.

4. Are there residency requirements for filing for divorce in Milwaukee?

Yes, Wisconsin law requires at least one spouse to be a resident of the state for at least six months before filing for divorce in Milwaukee.

5. How does the Servicemembers Civil Relief Act impact military divorce proceedings?

The Servicemembers Civil Relief Act provides certain legal protections for service members, such as delaying court proceedings while on active duty. It is crucial to consult with a lawyer familiar with military divorce and the SCRA to ensure compliance.

6. Can a military spouse receive alimony in a divorce?

Alimony, also known as spousal support, may be awarded to a military spouse depending on various factors such as the length of the marriage, each spouse's financial situation, and contributions to the marriage.

7. How long does a military divorce typically take in Milwaukee?

The duration of a military divorce in Milwaukee can vary depending on the complexity of the case and any contested issues. On average, it may take several months to a year to finalize a military divorce.

8. What is the difference between military and civilian divorce proceedings?

Military divorce proceedings may involve additional factors such as jurisdictional issues, division of military benefits, compliance with federal laws, and addressing deployments. These unique aspects require a lawyer experienced in military divorce cases.

9. What rights do military spouses have regarding housing and healthcare benefits after divorce?

The rights of military spouses regarding housing and healthcare benefits after divorce depend on the length of the marriage and other factors. A lawyer can help determine what benefits a former military spouse may be entitled to post-divorce.

10. How can I find a reputable military divorce lawyer in Milwaukee?

Researching online, asking for referrals from trusted sources, and contacting local bar associations can help you find a reputable military divorce lawyer in Milwaukee. Look for a lawyer with experience in military family law and a proven track record of success in similar cases.

Additional Resources

For additional resources and information on military divorce in Milwaukee, you can contact the Wisconsin State Bar Association, Legal Assistance Office at your local military installation, or the Family Advocacy Program for support and guidance.

Next Steps

If you are considering a military divorce in Milwaukee or need legal advice on related issues, it is essential to consult with a qualified attorney experienced in military family law. Contact a lawyer specializing in military divorce to discuss your case and explore your options for a successful resolution.