Best Military Divorce Lawyers in United States

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Gomez Law Firm
Houston, United States

6 people in their team
English
Gomez Law Firm is a Houston-based practice offering focused litigation and advocacy across personal injury, criminal defense, family law and immigration. The firm centers its work on complex injury claims, trial-level representation and contested matters that require courtroom experience, drawing...
JK Nelson Law
Las Vegas, United States

Founded in 2018
English
JK Nelson Law is a Nevada based law firm founded by Jonathan K. Nelson to provide comprehensive legal services across family law, probate and estate planning, personal injury, criminal defense, and bankruptcy matters. The firm emphasizes practical guidance and diligent advocacy, leveraging seasoned...
The White Law Firm PC
Houston, United States

Founded in 2005
1 person in their team
English
The White Law Firm, P.C. is a Houston-based practice focused on personal injury, criminal defense, and family law. The firm positions itself as a responsive advocate for individuals facing criminal charges, accident-related claims, and family disputes, combining litigation experience with hands-on...
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...
Miami, United States

Founded in 2019
5 people in their team
English
Lacayo Law Firm, P.A. is a Miami-based law firm providing comprehensive legal services across personal injury, bankruptcy, family law, criminal defense and immigration matters. Founded by Gilbert and Christian Lacayo, the firm draws on more than a decade of legal experience per partner and a...
Rotimi Areola Law Office
Houston, United States

Founded in 2003
English
Rotimi Areola Law Office is a Houston based law practice founded in 2003 by Rotimi Areola. The firm concentrates on immigration, family law, criminal defense and accidents and injuries, delivering practical guidance to clients across Texas. Led by Rotimi Areola, the firm emphasizes rigorous case...
Law Offices of Eric K. Chen
Las Vegas, United States

Founded in 1994
English
Established in 1994, the Law Offices of Eric K. Chen is a professional corporation headquartered in Las Vegas, Nevada with an additional location in City of Industry, California. Licensed to practice in both Nevada and California, the firm provides a broad range of services including personal...
The Slaughter Law Firm
Bristol, United States

4 people in their team
English
The Slaughter Law Firm, based in Bristol, Tennessee, provides general practice representation with a focus on personal injury, divorce, and criminal defense, drawing on more than 21 years of experience serving the local community. The firm emphasizes a practical, results-oriented approach that...
Bloomfield Township, United States

Founded in 2018
English
Kirsch Daskas Law Group PLLC is a Michigan-based boutique criminal defense firm led by Lisa B. Kirsch Satawa, a former prosecutor with a proven track record in state and federal matters. The firm highlights over 29 years of personalized expert legal counsel and focuses on proactive, client-centered...
McElwee Law Firm
Winston-Salem, United States

Founded in 1932
6 people in their team
English
McElwee Law Firm is a North Wilkesboro and Winston-Salem based practice with deep roots in northwest North Carolina. Led by Will McElwee, IV, the third generation of the McElwee family to practice law in the area, the firm traces its lineage to the original McElwee Law Office established more than...
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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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