Best Military Divorce Lawyers in United States

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Farmington Hills, United States

5 people in their team
English
The Law Offices of Kevin M. Wilhelmi is a focused immigration law practice that specializes in Employment-based and Family-based immigration, serving national and international clients with particular emphasis on information technology and engineering consulting firms.The firm has built a strong...
Houston, United States

English
Andrew T. Thomas, Attorneys at Law, located in Houston, Texas, specializes in immigration law, family law, and divorce cases. The firm is dedicated to providing professional and discreet legal guidance, assisting numerous families in securing legal immigration status and navigating complex family...
Bakersfield, United States

Founded in 1995
English
The Law Offices of Paige Etcheverry-Barnes concentrates its practice on family law in California, handling divorce and legal separation, child custody and visitation, guardianship, paternity, and adoptions, as well as protecting assets and finances during divorce proceedings.With a history dating...
Law Office of Cierra Esq, APC
Ontario, United States

English
The Law Office of Cierra Esq, APC is a California based firm serving Ontario and the greater Los Angeles area with a focus on Personal Injury, Family Law, and Business Law. Led by Cierra Wilson, the firm provides experienced advocacy across negotiation, mediation, and trial, supported by a...
Needle | Cuda: Divorce & Family Law
Westport, United States

Founded in 2010
50 people in their team
Spanish
English
About the FirmWestport Family Law Attorneys Address Your Urgent ConcernsExperienced Connecticut lawyers provide candid advice focused on your specific needsAt Needle | Cuda, we know when you come to see us that you may be going through the most difficult time of your life. That is why we style...
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...
Law Office of Daniel E. McCarty Jr.
Houston, United States

English
Law Office of Daniel E. McCarty Jr. is a Houston based family law practice that focuses on divorce and related matters in Harris County and the surrounding area. The firm handles core family law issues including divorce, child custody, child support and marital property division, offering both...
Justice Legal Group
Albuquerque, United States

Founded in 1997
9 people in their team
English
Justice Legal Group is a leading New Mexico family law firm based in Albuquerque, specializing in divorce, child custody, child support, alimony, and related matters. The firm emphasizes a client centered approach, delivering negotiation, mediation, and litigation to secure favorable outcomes while...
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...
White Plains, United States

1 person in their team
English
The Claro Law Firm is a White Plains based Westchester County practice that concentrates on traffic tickets, uncontested divorce, and immigration for clients seeking practical, affordable legal solutions. Led by Elisa Claro, the firm focuses on delivering personalized attention and effective...
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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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