Best Military Divorce Lawyers in United States

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Divorce With A Plan
Baltimore, United States

Founded in 2014
English
Divorce With A Plan is a Maryland based family law firm that specializes in divorce for professionals and high earners, delivering clarity and compassionate guidance through complex marital transitions.Led by experienced family law attorneys, the firm is known for an honest assessment of options,...
West Hartford, United States

Founded in 2009
3 people in their team
English
Keily Mira Law is a West Hartford based law firm that handles a broad range of civil litigation, real estate, estate planning, probate, family and corporate matters with a client focused approach. The firm combines the depth and sophistication of larger practices with the accessibility and cost...
Law Office of Fady Eskandar
Anaheim, United States

Founded in 2015
1 person in their team
English
The Law Office of Fady Eskandar is an Anaheim-based immigration firm focused on comprehensive immigration advocacy for individuals, families and employers. Led by attorney Fady Eskandar, the practice handles asylum, removal defense, family-based petitions, employment-based visas and naturalization...
Shelnutt and Varner Law Firm
Gadsden, United States

Founded in 2003
5 people in their team
English
Shelnutt & Varner, Attorneys at Law, provides experienced representation across three core practice areas that drive their practice in Alabama and the Southeast. The firm draws on the founders' extensive backgrounds in law enforcement, municipal prosecution and the bench to deliver disciplined,...
Michael R. Kilpatrick & Associates
Bakersfield, United States

English
Michael R. Kilpatrick & Associates is a Bakersfield, California law firm focused on family law matters. Led by Attorney Michael R. Kilpatrick, the firm emphasizes aggressive courtroom advocacy and appellate experience, representing clients across Kern County and throughout the state. The firm...
Newark, United States

Founded in 2012
7 people in their team
English
Maduabum Law Firm LLC is a Newark, New Jersey based law firm that handles criminal defense, immigration, family law and personal injury matters for clients across New Jersey. The firm combines experience in state and federal courts with immigration relief strategies to deliver targeted, results...
Burlingame, United States

English
Akcok Law Office is a California-based practice focused on immigration, personal injury, corporate law and civil litigation. The firm combines U.S. immigration expertise with litigation experience in California to support individuals and businesses through complex statutory, administrative and...
The Harris Law Firm
Denver, United States

Founded in 1993
63 people in their team
English
The Harris Law Firm is a Colorado-based legal practice concentrating on family law, estate planning, tax law, elder law, and real estate matters, operating offices in Denver, Englewood, Boulder, and Colorado Springs and serving clients across the state. The firm emphasizes multidisciplinary...
The Eaton Law Firm, LLC - Tomball
Tomball, United States

English
The Eaton Law Firm, LLC - Tomball, based in Houston, is recognized for its focused expertise in family law, divorce representation, and comprehensive legal counsel. The firm's attorneys are dedicated to guiding clients through complex legal matters, including divorce proceedings, child custody,...
Le Law Group, PLLC
Houston, United States

Founded in 2015
6 people in their team
English
Le Law Group, PLLC is a Houston-based law firm founded in 2015 that concentrates on Family law matters, including divorce, child custody, and enforcement, as well as Accidents & Injuries and criminal defense. Drawing on extensive experience in both contested and uncontested proceedings, the firm...
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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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