Best Military Divorce Lawyers in Scranton

About Military Divorce Law in Scranton, United States

Military Divorce presents unique challenges compared to civilian divorce due to the involvement of federal laws, specific regulations, and different procedures. In Scranton and the rest of the United States, military divorces must comply with both federal regulations and state laws. The key federal law governing military divorce is the Uniformed Services Former Spouses’ Protection Act (USFSPA), which facilitates the division of military retirement pay, among other provisions.

Why You May Need a Lawyer

Seeking a lawyer for a military divorce can be crucial due to the complexity of the issues involved, such as the division of military pensions, adherence to both state and federal laws, and the potential presence of Service Members Civil Relief Act (SCRA) protections that could delay proceedings. Moreover, if you are dealing with issues of child custody, military entitlements like commissary and exchange privileges, or addressing the jurisdictional complications of being stationed in different states or overseas, professional legal assistance becomes even more critical.

Local Laws Overview

In Scranton, part of Pennsylvania, the state’s divorce laws intersect with federal military divorce guidelines. Pennsylvania is an equitable distribution state, meaning that marital property, including military pensions, is divided equitably, though not necessarily equally. Child custody in Pennsylvania, as elsewhere, is decided based on the best interest of the child, but military obligations might complicate these custodial arrangements. Additionally, filing a divorce can be influenced by domicile and residency requirements, which are particularly relevant to military families frequently moving due to service needs.

Frequently Asked Questions

What is the Uniformed Services Former Spouses’ Protection Act?

The USFSPA is a federal law that authorizes state courts to divide military retired pay as part of a divorce settlement. It also allows former spouses to receive payments directly from the military under certain conditions.

Can I file for divorce in Scranton if we are stationed elsewhere?

Yes, military spouses often have several jurisdiction options for filing a divorce, including the state where they reside, where the member is stationed, or the legal residence of the military member.

How does deployment affect custody arrangements?

Deployment can significantly affect custody. Courts in Pennsylvania, like elsewhere, will consider military commitments and plan accordingly, sometimes setting temporary arrangements that can be adjusted upon the service member's return.

Are military pensions automatically divided in a divorce?

No. Military pensions are considered only marital property if acquired during the marriage and are subject to division under state laws, influenced by the USFSPA.

How are child support guidelines determined for military members?

Child support for military members in Scranton follows Pennsylvania state guidelines, including the service member's BAH (Basic Allowance for Housing) as part of the income assessment.

What happens if my spouse is stationed overseas?

If your spouse is stationed overseas, the Servicemembers Civil Relief Act could delay proceedings, or there could be jurisdiction issues. Consulting an attorney can provide clarity based on specific circumstances.

Are military benefits affected by divorce?

Yes, military divorce can impact benefits such as commissary, healthcare, and exchange privileges. Eligibility is determined based on the length of the marriage and the military service duration.

What is the 10/10 rule for military divorces?

The 10/10 rule refers to marriages lasting at least 10 years overlapping with 10 years of service, allowing direct payment of the retirement pay to the former spouse by the Defense Finance and Accounting Service (DFAS).

Can existing divorce decrees be modified if military circumstances change?

Yes, post-divorce modifications can be filed when significant changes in circumstances occur, such as deployment or change in income.

Is mediation available for military divorces?

Mediation services can be used in military divorce cases to settle disputes amicably outside of court, often beneficial in mitigating the complexities inherent in military life adjustments.

Additional Resources

Consider reaching out to Pennsylvania’s legal aid societies, the military's Legal Assistance Program, or contacting military family support services for help. The Veterans Affairs office and the Department of Defense’s Military OneSource can also provide valuable information and assistance to those dealing with the complexities of military divorce.

Next Steps

If legal assistance is necessary, begin by documenting all relevant financial and personal details comprehensively. Research and identify experienced divorce attorneys who specialize in military cases in Scranton. Schedule consultations to discuss potential strategies, costs, and approaches specific to your situation. Being informed and prepared can help ensure a smoother process in navigating a military divorce.