Best Military Divorce Lawyers in United States

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Hensley Law- Personal Injury
Russell, United States

Founded in 1987
English
Hensley Law Office in Ashland, Kentucky, provides focused representation for injury victims and families. Led by Jeff Hensley, the firm handles personal injury claims including car accidents, truck accidents, motorcycle accidents, and slips and falls, while also offering criminal defense and family...

20 people in their team
English
Alonso & Alonso Attorneys at Law, PLLC is a bilingual immigration firm led by founders Vanessa Rae Alonso and Christopher Alonso. The firm focuses exclusively on immigration matters and maintains multiple Texas offices with virtual representation across the United States, providing legal services...
Shakya Immigration Law, PLLC
Houston, United States

English
Shakya Immigration Law, PLLC is a Houston-based immigration law firm led by Attorney Merina Shakya. The firm provides expert guidance through the complexities of U.S. immigration law with a focus on family, humanitarian, and business matters, offering strategic solutions tailored to each client’s...
Oliveros Law Group PC
Clackamas, United States

Founded in 2014
9 people in their team
English
Oliveros Law Group PC is a Clackamas, Oregon based law firm with a robust portfolio across criminal defense and family law matters. The team combines board certified trial experience with a track record of trial readiness and client advocacy, supported by a leadership group that includes Louren...
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...
Vancouver, United States

Founded in 1991
English
The Law Office of Robin J Krane PLLC focuses on family law matters in Clark County, Washington, including divorce, mediation, separation, child custody and support, maintenance, and property division. With more than 30 years of legal experience, Robin J Krane provides clear, practical guidance and...
CDH Law, PLLC
Syracuse, United States

11 people in their team
English
CDH Law, PLLC is a veteran-owned law firm based in Syracuse, New York, with decades of combined experience among its attorneys who are all former prosecutors. The firm focuses on criminal defense, family law, estate planning and personal injury, providing precise, results-oriented representation...
Ezeldin Law Firm
Palos Hills, United States

English
Ezeldin Law Firm A Professional Corp is a boutique Illinois law practice focused on family law, immigration, real estate and business matters. Led by Hala S. Ezeldin and Amy S. Ezeldin, the firm provides tailored legal strategies designed to address clients' unique situations and goals.The firm has...
Russell Law Group
Pendleton, United States

Founded in 2019
2 people in their team
English
Russell Law Group is a Pendleton-based criminal defense and family law firm serving Eastern Oregon. Led by Craig W. Russell, a former Umatilla County Deputy District Attorney, and Kendra D. Russell, a dedicated family law attorney, the firm brings substantial courtroom and trial experience to every...
Jessica Y. Rodriguez Law Firm, PLLC.
Houston, United States

Founded in 2009
4 people in their team
English
Jessica Y. Rodriguez Law Firm, PLLC is a Houston-based boutique practice founded in 2009 that concentrates on immigration matters while also handling personal injury, criminal defense and family law. The firm is led by founder Jessica Y. Rodriguez, who has significant experience litigating complex...
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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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