Best Military Divorce Lawyers in United States

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McNeelyLaw LLP
Shelbyville, United States

Founded in 2020
22 people in their team
English
McNeelyLaw LLP is a full-service law firm with offices in Shelbyville, Indianapolis and Carmel, Indiana. The firm offers 24 practice areas and is known for practical, results oriented counsel delivered with accessible and responsive client service. Its multi location presence and integrated team...

English
The Bains Law Offices Fresno Family Lawyer stands out as a trusted legal partner for individuals and families facing challenging life transitions in California. With a focus on family law, the firm offers comprehensive legal solutions for divorce, child custody disputes, spousal support, and other...
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...
Cardinale & Delvecchio Law Firm PLLC
Cicero, United States

Founded in 2000
English
Cardinale & Delvecchio Law Firm provides legal services across personal injury, criminal defense, uncontested divorce, and bankruptcy in Central New York, establishing a strong local reputation for effective advocacy and client focused results. With two convenient locations near Syracuse, the firm...

Founded in 1997
29 people in their team
English
Perry, Johnson, Anderson, Miller & Moskowitz LLP is a full-service law firm based in Santa Rosa, California, providing comprehensive legal counsel to individuals, families and businesses across Sonoma County and beyond. The firm combines transactional, litigation, administrative and regulatory...
The Larson Law Office PLLC
Houston, United States

Founded in 2009
20 people in their team
English
The Larson Law Office PLLC is a Houston-based law firm focused on family law, business matters and private client planning for Texas families and family-owned enterprises. Led by Erik and Diana Larson, the firm draws on more than two decades of practice in divorce, child custody, business...
Universal Law Group, PLLC
Houston, United States

English
Universal Law Group, PLLC is a distinguished Houston-based law firm providing comprehensive legal representation across a wide array of practice areas, including criminal justice, family law, civil law, and personal injury matters. With a team of seasoned attorneys, the firm brings in-depth...
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...
Carlson Law Group, LLC
Anchorage, United States

Founded in 2000
50 people in their team
English
Knowledgeable, cost-effective, community focusedBradly Carlson founded Carlson Law on the belief that everyday people and businesses deserve access to cost-effective, expert legal representation. Your legal challenges do not define you, and Carlson Law can help you find a path forward beyond your...
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...
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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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