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...
Stabit Advocates
New York City, United States

Founded in 2000
173 people in their team
English
Spanish
Stabit Advocates LLP (https://www.stabitadvocates.com) is one of the top law firms in the world and stands as a beacon of legal excellence, recognized as one of the top law firms in East Africa, Africa and Globally with over 75 practice areas. Our firm is synonymous with top-tier legal expertise,...
The Joli Law Firm
Miami, United States

Founded in 2012
2 people in their team
English
The Joli Law Firm is a Miami-based boutique immigration practice that concentrates exclusively on immigration and nationality law. Led by Mayra Joli, Esq., the firm emphasizes personalized attention and direct client contact, with clients working closely with the attorney and a friendly staff....

Founded in 2005
5 people in their team
English
The Sullivan Firm, LLC specializes in Georgia family law under the leadership of Bree Sullivan-Howell. The practice areas include divorce, child custody, child support and alimony, parental rights, Prenuptial Agreements, and mediation as a preferred path to resolution. The firm combines strategic...
Tully Rinckey PLLC
Latham, United States

Founded in 2003
70 people in their team
English
Tully Rinckey PLLC is a national, full-service law firm founded by veteran attorneys and operating offices across the United States. The firm maintains a multidisciplinary roster of attorneys who handle matters in areas such as criminal defense, labor and employment, family and matrimonial law,...
Avanti Law Group
Wyoming, United States

Founded in 2010
5 people in their team
English
Avanti Law Group specializes in immigration law, criminal defense, divorce and child custody, civil litigation, wage and hour cases, and related matters, delivering high quality, cost effective and innovative solutions for individuals, families and businesses across Michigan. The firm's approach...
Bruce Law Firm, P.A.
West Palm Beach, United States

Founded in 2016
10 people in their team
English
Bruce Law Firm, P.A. specializes in divorce and family law across Palm Beach County, with offices in West Palm Beach, Wellington, and Boca Raton. The firm handles complex matters such as high-asset divorces, business valuations, asset tracing, alimony, and property division, as well as child...
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...

Founded in 1998
5 people in their team
English
Our firm is committed to providing exceptional legal services in our respective areas of practice. We offer expertise in a variety of practice areas.We value accessibility, mastering subject knowledge, and responsiveness. We offer expertise in a variety of practice areas, and represent local,...
Jagan Law Firm, PLLC
New York City, United States

Founded in 2013
2 people in their team
English
Jagan Law Firm, PLLC was founded by Vrinda S. Jagan in August 2013 and is based in South Richmond Hill, Queens, New York. The firm operates as a full-service practice with focused experience in immigration, family and matrimonial matters, criminal defense, real estate and commercial matters. The...
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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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