Best Military Divorce Lawyers in United States

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The Haynes Law Firm, APLC
Redlands, United States

Founded in 2018
3 people in their team
English
Based in Redlands, California, The Haynes Law Firm, APLC concentrates on family law, criminal defense, juvenile law and estate planning, applying practical strategies to cases in the Inland Empire.Crista Haynes is a California Bar Certified Family Law Specialist, and is one of only four such...

5 people in their team
English
McGuire, Peláez, Bennett & Belcastro, P.C. is a full-service law firm based in Central Islip with an additional office in Riverhead, serving Suffolk County, Long Island. The firm focuses on criminal and traffic defense, personal injury, matrimonial and family court matters, immigration, real...
Davis Law Firm
Kingston, United States

4 people in their team
English
Founded by Tyler Davis, Davis Law Firm operates from Kingston and Crossville, Tennessee, offering a comprehensive family law practice alongside civil litigation, criminal law, real estate and trusts and estate planning services.With offices across Tennessee and a team led by Tyler Davis and Of...
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...
Spring, United States

Founded in 1980
English
Established in 1980 by Rick Hawks, Hawks Law Firm is a small, family-owned practice serving the greater Houston area. The firm provides a broad range of general legal services with a focus on personal injury, probate and estate planning, bankruptcy, real estate, divorce, and small business...
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...
Patriots Law Group
New York City, United States

Founded in 2014
6 people in their team
English
Patriots Law Group is a veteran owned law firm specializing in military discipline, employment law, security clearance matters, military family law and corporate support for defense contractors. The firm operates from offices in Maryland, Virginia and Texas and leverages the founders and team’s...

English
Nations Law Group is a dedicated Alaska immigration law firm based in Anchorage, focusing on a broad range of immigration matters and representing clients before the United States Citizenship and Immigration Services (USCIS), immigration courts and other relevant agencies.With more than 20 years of...
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...
The Law Firm of Dmitriy Shakhnevich PLLC
New York City, United States

English
The Law Firm of Dmitriy Shakhnevich focuses on delivering personalized legal representation to individuals in key practice areas including criminal defense, personal injury, civil litigation, matrimonial and family law, and entertainment law. Founded by Dmitriy Shakhnevich, the firm emphasizes that...
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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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