Best Military Divorce Lawyers in United States

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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...
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...
Pham & Nguyen Law Group, P.C.
Houston, United States

Founded in 1994
English
Pham & Nguyen Law Group, P.C. is a Houston-based law firm with a broad practice spanning commercial litigation, personal injury, family law, bankruptcy, wills and trusts, real estate, and immigration. Founded in 1994, the firm represents both corporate and individual clients across Texas and...
Wright Family Law Group
Tewksbury, United States

Founded in 2011
3 people in their team
English
Wright Family Law Group specializes in family law and bankruptcy matters in Massachusetts, offering focused guidance on divorce, child custody, parenting plans, child support, alimony, and premarital agreements. The firm combines aggressive advocacy with proactive settlement tactics to secure...
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...
Philip Goldberg PC
Denver, United States

Founded in 2017
1 person in their team
English
Denver's Philip Goldberg PC offers experienced and compassionate guidance for all your family law needs. Whether facing divorce, child custody disputes, property division, or other complex legal matters, we provide personalized legal counsel and unwavering support throughout your journey.Our...
Shakya Immigration Law, PLLC
Houston, United States

English
Shakya Immigration Law, PLLC is a Houston-based immigration law firm led by Attorney Merina Shakya. The firm provides expert guidance through the complexities of U.S. immigration law with a focus on family, humanitarian, and business matters, offering strategic solutions tailored to each client’s...

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,...
The Law Firm of Dmitriy Shakhnevich PLLC
New York City, United States

English
The Law Firm of Dmitriy Shakhnevich focuses on delivering personalized legal representation to individuals in key practice areas including criminal defense, personal injury, civil litigation, matrimonial and family law, and entertainment law. Founded by Dmitriy Shakhnevich, the firm emphasizes that...
Winston-Salem, United States

Founded in 2013
13 people in their team
English
Greenwood Law is a Winston-Salem based law firm led by Dylan W. Greenwood that concentrates on high stakes criminal defense, family law and immigration matters in North Carolina. The firm handles state and federal criminal charges across a broad spectrum of offenses including drug offenses, sex...
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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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