Best Military Divorce Lawyers in United States

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Law Offices of Jeffery A. Cojocar, P.C.
New York City, United States

English
The Law Offices of Jeffery A. Cojocar, P.C. is a Michigan-based firm delivering comprehensive litigation and advisory services across family law, business law, real estate, personal injury and criminal defense. With offices in Shelby Township and Troy, the firm serves clients throughout Macomb,...

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...
Gregory Law, PLLC
Houston, United States

2 people in their team
English
Gregory Law PLLC focuses on family matters including divorce, child custody, child support, modifications, adoptions and enforcement actions for clients across Harris County. The firm presents a client-minded approach with bilingual services and a commitment to guiding clients through the legal...
Bakersfield, United States

English
We The People in Bakersfield provides professional legal document preparation services focused on family and private client matters. The firm assists clients with divorce filings and estate planning related documents, preparing forms and paperwork based on client directions to support timely,...
Brooklyn, United States

Founded in 2019
5 people in their team
English
The Louis Law Firm, PLLC is a Brooklyn based family law practice that concentrates on divorce and related matters including separation agreements, annulments, child custody and support, spousal orders of protection and prenup/postnup planning. The firm handles both contested and uncontested...
Victorville, United States

Founded in 1983
English
Ewaniszyk Law Firm, established in 2006, has been a cornerstone of legal excellence in California's High Desert region. With over 40 years of combined experience, the firm specializes in personal injury, family law, criminal defense, bankruptcy, and medical malpractice. Under the leadership of...
Tiffany & Bosco P.A.
Phoenix, United States

Founded in 1967
50 people in their team
English
A Full Service Law FirmAs client needs, business, and the economy have evolved, so has our level of legal services. For over 50 years, we have based our legal services on understanding and meeting our clients’ ever-changing legal needs. From the most prominent legal specializations to emerging...
Law Offices of Blake Fulton Quackenbush
Anchorage, United States

English
BFQ Law is a nationwide full-service law firm with offices in Alaska, Washington, and Texas, known for formidable advocacy, seasoned insight, and strategic thinking that aim to secure outcomes for clients across diverse matters.The firm has earned a coast-to-coast reputation for strength,...
Brightwell Law PLLC
Florida, United States

Founded in 2020
5 people in their team
At Brightwell Law, William focuses on various practice areas, including estate planning, probate, and family law. He is dedicated to guiding each client with care and professionalism, ensuring their objectives are achieved. His journey from the military to the legal profession demonstrates a...
Law Office of Damaris A. Chavez
Houston, United States

Founded in 2013
3 people in their team
English
The Law Office of Damaris A. Chavez is a Houston based firm that focuses on family law, immigration and personal injury matters. Led by Damaris A. Chavez, the practice emphasizes clear client education, strategic negotiation, and assertive advocacy in court when necessary.With a strong track record...
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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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