Best Military Divorce Lawyers in Philadelphia

About Military Divorce Law in Philadelphia, United States:

In Philadelphia, United States, military divorce involves unique legal considerations due to the complexities of military life and benefits. Military divorces may involve issues related to military pensions, retirement benefits, housing allowances, and healthcare benefits.

Why You May Need a Lawyer:

You may need a lawyer in a military divorce to ensure that your rights are protected and to navigate the specific laws and regulations that apply to military personnel. A lawyer can help you understand your entitlement to military benefits, child custody arrangements, and division of assets.

Local Laws Overview:

In Pennsylvania, including Philadelphia, military divorce laws adhere to the same principles as civilian divorces. However, there are differences in how military benefits and pensions are divided, as well as issues related to jurisdiction and residency requirements for military personnel.

Frequently Asked Questions:

1. Can I file for divorce in Philadelphia if my spouse is in the military?

Yes, you can file for divorce in Philadelphia even if your spouse is in the military. However, there are specific laws that apply to military divorces that you need to be aware of.

2. How will military benefits be divided in a divorce?

Military benefits, including pensions and healthcare, are considered marital property and may be subject to division in a divorce. The Uniformed Services Former Spouses' Protection Act (USFSPA) governs how military benefits are divided in a divorce.

3. What is the process for obtaining a military divorce in Philadelphia?

The process for obtaining a military divorce in Philadelphia is similar to a civilian divorce. You will need to file a petition, serve your spouse with divorce papers, and attend court hearings to finalize the divorce.

4. How is child custody determined in a military divorce?

Child custody in a military divorce is determined based on the best interests of the child. Factors such as the stability of each parent's home, the child's relationship with each parent, and the child's preferences may be considered.

5. Can I receive spousal support or alimony in a military divorce?

Spousal support or alimony may be awarded in a military divorce based on the financial needs of the spouse seeking support and the ability of the other spouse to pay. Factors such as the length of the marriage and each spouse's income may be considered.

6. What happens to the military pension in a divorce?

The military pension is considered a marital asset and may be subject to division in a divorce. The division of the military pension is determined by state laws and federal regulations that govern military benefits.

7. How long does a military divorce take to finalize in Philadelphia?

The timeline for finalizing a military divorce in Philadelphia varies depending on the complexity of the case and whether the divorce is contested or uncontested. On average, a military divorce may take several months to a year to finalize.

8. Do I need a separate lawyer for a military divorce?

It is recommended to hire a lawyer who has experience with military divorces to ensure that your rights are protected and that you receive all the benefits you are entitled to. A lawyer familiar with military divorce laws can navigate the unique aspects of your case.

9. Can I stay in military housing after a divorce?

Whether you can stay in military housing after a divorce depends on your specific circumstances and the policies of the military branch you or your spouse is affiliated with. It is advisable to consult with a lawyer to understand your rights regarding military housing.

10. What resources are available for military personnel going through a divorce in Philadelphia?

There are resources available for military personnel going through a divorce in Philadelphia, such as military legal assistance offices, family support services on military bases, and local support groups for military families. These resources can provide guidance and support during the divorce process.

Additional Resources:

For more information on military divorce laws and resources in Philadelphia, you can contact the Legal Assistance Office on your military base, the Pennsylvania Bar Association, or local family law attorneys with experience in military divorce cases.

Next Steps:

If you are considering a military divorce in Philadelphia and need legal assistance, it is recommended to consult with a lawyer who specializes in military divorce cases. A lawyer can help you navigate the complexities of military divorce laws and ensure that your rights are protected throughout the process.