Best Military Divorce Lawyers in United States

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Chancey-Kanavos
Cleveland, United States

Founded in 1994
3 people in their team
English
Chancey-Kanavos is a regional trial firm serving Athens and Cleveland, Tennessee, with concentrated practices in personal injury, criminal defense, and family law. The firm maintains a Martindale-Hubbell AV rating and emphasizes courtroom experience, having handled complex automobile and trucking...
Renken Law Firm
Houston, United States

English
Renken Law Firm provides seasoned family law representation in Houston, focusing on divorce, separation planning, custody disputes, child support, grandparents rights, prenuptial agreements, and enforcement actions. The firm has earned a reputation for efficiently practicing diligent and focused...
Fuqua Campbell, P.A.
Little Rock, United States

Founded in 2000
50 people in their team
English
At Fuqua Campbell, P.A., we are committed to serving the litigation, transactional and advisory needs of individuals, businesses and government entities. We are a well-established law firm made up of talented and dedicated attorneys, paralegals and staff. We combine state-of-the-art tools with...
Martinson & Beason
Huntsville, United States

Founded in 1937
50 people in their team
English
Founded in 1937, the law firm of Martinson and Beason, P.C. has been dedicated for over 85 years to achieving the best possible result for our clients. Our Huntsville Alabama personal injury lawyers provide a professional, team approach to each case. Our attorneys are committed to the highest...
Law Offices of Athina K. Powers
Indian Wells, United States

Founded in 2012
English
The Law Offices of Athina K. Powers specializes in California family law, advising clients through divorce, child custody, child support and domestic violence matters with a focus on resolving complex and high conflict cases. Led by Athina K. Powers, a Harvard Law-trained mediator with more than 30...
Rodgers Law Firm P.A.
Cape Coral, United States

Founded in 2007
1 person in their team
English
Rodgers Law Firm, P.A. is a Cape Coral, Florida based practice that concentrates exclusively on divorce and family law. The firm handles uncontested and contested divorces, child custody and child support matters, parental responsibility and timesharing, alimony, domestic violence issues,...
Public Law Center
Santa Ana, United States

Founded in 1981
80 people in their team
English
Public Law Center is a nonprofit legal services organization based in Orange County, California, that has provided free civil legal assistance to low-income and vulnerable residents since 1981. The organization concentrates its work on high-need civil matters including consumer law, family law,...
Radovich Law Firm
Billings, United States

English
Radovich Law Firm is a locally rooted, family-owned law practice in Billings, Montana, led by a father-daughter team with nearly 50 years of combined legal experience and a focus on family law and estate planning. With a reputation built on consistent client service and practical solutions, the...
Kalamaya | Goscha
Aspen, United States

Founded in 2017
14 people in their team
English
Kalamaya | Goscha is a Colorado law firm focused on personal disputes, specializing in family law, criminal defense and personal injury. The firm serves clients from offices in Aspen, Denver, Edwards, Glenwood Springs and Boulder, pursuing high value divorce and child custody matters, serious...
Abbott Law Office
Amarillo, United States

Founded in 1998
10 people in their team
English
Abbott Law Office is a Texas Panhandle law firm based in Amarillo that concentrates on criminal defense, family law, wills and estate planning, and probate law. The firm serves individuals and families across the region with practical, results-oriented representation and a commitment to clear,...
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About Military Divorce Law in United States

Military divorce law in the United States presents unique challenges compared to civilian divorce due to the distinctive nature of military service, benefits, and federal protections. These laws govern how service members and their spouses handle divorce proceedings, including jurisdiction issues, division of military pensions, and compliance with federal regulations such as the Servicemembers Civil Relief Act (SCRA). Understanding these differences is crucial for anyone involved in a military divorce case.

Why You May Need a Lawyer

Engaging a lawyer experienced in military divorce law can be critical for several reasons:

  • Jurisdiction Complications: Military families often move frequently, creating complexities in determining the appropriate state to file for divorce.
  • Pension Division: Military pensions are subject to specific rules under the Uniformed Services Former Spouses' Protection Act (USFSPA).
  • Deployments and SCRA: Deployments and other military duties can significantly complicate divorce proceedings, with the SCRA providing protections that impact the timing and procedure of a divorce.
  • Child Custody and Support: The unique demands of military life can affect custody and support arrangements, requiring tailored legal strategies.

Local Laws Overview

Military divorce in the United States involves several key legal aspects:

  • Jurisdiction: Typically, a divorce can be filed in the state where the service member or spouse resides or maintains a legal residence.
  • Military Pension and Benefits: Dividing military retirement benefits legally requires a clear understanding of the USFSPA.
  • Servicemembers Civil Relief Act (SCRA): Provides protections such as postponing divorce proceedings during active service or deployment.
  • Child Custody Considerations: Courts consider the demands of military service on custody and parenting time arrangements.
  • Spousal Support: Determined based on state law but influenced by the specifics of military pay and benefits.

Frequently Asked Questions

What makes military divorce different from civilian divorce?

Military divorce involves federal laws that apply specifically to service members, such as the USFSPA for military pension division and the SCRA for delaying proceedings due to deployment.

How is military pension divided in a divorce?

The division of military retirement pay is governed by the USFSPA, allowing state courts to treat military retirement pay as either sole or community property depending on the state.

Can a service member delay a divorce proceeding due to active duty?

Yes, under the Servicemembers Civil Relief Act (SCRA), service members can request a delay in proceedings if their military service affects their ability to participate in court.

Which state should we file for divorce?

The appropriate state for filing is typically where either spouse has legal residency, but this can vary based on individual circumstances and state laws.

What about child custody in a military divorce?

Custody arrangements take into account the military lifestyle, including deployments and relocations, which may require specific plans to ensure continuity of care.

How is child support calculated for military personnel?

Child support is determined based on state guidelines, but military pay, including basic pay and allowances, is considered in calculating support obligations.

Can alimony be modified if the service member is deployed or relocates?

Alimony modifications depend on state law, but significant changes in circumstances, like deployment, can be grounds for modification requests.

Are there resources available for military families going through a divorce?

Yes, many bases have legal assistance offices that provide guidance, and organizations like Military OneSource offer support and information.

Will a military divorce impact health benefits?

Eligibility for Tricare and other benefits may change after divorce, depending on factors like the length of marriage and service.

How do military divorce fees differ from civilian divorce fees?

While legal fees can be similar, the complexity of military cases can result in variations, particularly if specialized knowledge of military law is required.

Additional Resources

Here are some valuable resources for those dealing with military divorce:

  • Legal Assistance Offices: Found on most military bases, offering limited free legal assistance to service members and their families.
  • Military OneSource: Provides comprehensive resources and support related to military life, including legal matters.
  • Uniformed Services Former Spouses' Protection Act (USFSPA): A key federal statute governing military divorce.
  • Servicemembers Civil Relief Act (SCRA): Understanding this act helps manage divorce proceedings amid military duties.

Next Steps

If you need legal assistance with a military divorce, consider the following steps:

  1. Consultations: Schedule a consultation with a lawyer experienced in military divorce laws to discuss your situation and get tailored advice.
  2. Gather Documentation: Collect documentation related to military service, pay, benefits, and any existing legal agreements or pertinent information.
  3. Understand Benefits: Familiarize yourself with your benefits as a service member or military spouse and how they might change post-divorce.
  4. Reach Out to Resources: Contact local legal assistance offices or relevant organizations for additional guidance and support.
  5. Stay Informed: Keep updated on any changes in military or family law that may impact your divorce proceedings.

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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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