Best Military Divorce Lawyers in United States

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Law Office of Vincent S. Hughes
San Bernardino, United States

Founded in 2021
3 people in their team
English
The Law Office of Vincent S. Hughes is a San Bernardino based law firm that concentrates on Criminal Defense, Family Law, Juvenile Dependency, Traffic Ticket Defense, and Personal Injury matters. Led by founder Vincent S. Hughes, the practice combines a practical approach with vigorous advocacy to...
BLAKE FULTON QUACKENBUSH
Anchorage, United States

Founded in 2014
50 people in their team
English
OUR EXPERIENCEThe Law Offices of Blake Fulton Quackenbush have established a professional reputation nationwide for strength, experience, strategy, and unparalleled dedication to our clients.  Our lifetime commitment to fairness and justice strikes the perfect balance between compassion and...
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...
Harris Velázquez Gibbens, Attorneys
Hillsboro, United States

Founded in 1997
12 people in their team
English
Harris Velásquez Gibbens, Attorneys is a Hillsboro, Oregon based law firm established in 1997 that serves the Portland metropolitan area with a focus on personal injury, family law and criminal defense. The firm is a team of experienced trial attorneys and negotiators who stay current by...

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,...
Howard Law Firm, PLC
Pineville, United States

English
Howard Law PLC is a Kentucky based law practice with offices in Eastern Kentucky, offering clients a multidisciplinary slate of services. The firm draws on a team of experienced attorneys to handle personal injury, family law, real estate, and criminal defense matters with precision and...
The Barhaugh Law Firm, P.C
Naperville, United States

Founded in 2008
English
Barhaugh Law Firm, P.C. is a Naperville, Illinois based family law practice led by attorney Darran Barhaugh. Drawing on his background as a trial lawyer and a certified divorce and custody mediator, the firm handles divorce, property division, spousal support, child custody, child support,...
The Glick Law Firm
New York City, United States

English
The Glick Law Firm serves Michigan clients across estate planning and asset protection, corporate law and business matters, civil and commercial litigation, construction law, probate court representation, real estate and landlord-tenant matters, family law, and arbitration and alternative dispute...
Fuqua Campbell, P.A.
Little Rock, United States

Founded in 2000
50 people in their team
English
At Fuqua Campbell, P.A., we are committed to serving the litigation, transactional and advisory needs of individuals, businesses and government entities. We are a well-established law firm made up of talented and dedicated attorneys, paralegals and staff. We combine state-of-the-art tools with...
Shawnee, United States

Founded in 1974
10 people in their team
English
Evans & Mullinix, P.A. is a Kansas City area law firm with a long track record of handling complex financial and business matters for individuals and organizations. Founded in 1974 by Timothy J. Evans and Thomas M. Mullinix, the firm combines deep bench strength in bankruptcy, real estate, business...
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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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