Best Military Divorce Lawyers in United States

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Ventura, United States

English
The Law Offices of Monty S Gill, based in Ventura, California, maintains a multidisciplinary practice that includes Criminal Defense and DUI, Personal Injury, Employment Law, Family Law and Social Security Disability. With more than 27 years of experience, the firm provides strong, strategic...
Makridis Law Firm, LLC
Warren, United States

Founded in 2007
English
Makridis Law Firm, LLC is a family owned law practice based in Warren, Ohio, delivering comprehensive representation in criminal defense, personal injury, bankruptcy and employment matters. The firm emphasizes a client focused and results driven approach, drawing on over 40 years of combined legal...
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...

20 people in their team
English
Alonso & Alonso Attorneys at Law, PLLC is a bilingual immigration firm led by founders Vanessa Rae Alonso and Christopher Alonso. The firm focuses exclusively on immigration matters and maintains multiple Texas offices with virtual representation across the United States, providing legal services...
Jagan Law Firm, PLLC
New York City, United States

Founded in 2013
2 people in their team
English
Jagan Law Firm, PLLC was founded by Vrinda S. Jagan in August 2013 and is based in South Richmond Hill, Queens, New York. The firm operates as a full-service practice with focused experience in immigration, family and matrimonial matters, criminal defense, real estate and commercial matters. The...
JK Nelson Law
Las Vegas, United States

Founded in 2018
English
JK Nelson Law is a Nevada based law firm founded by Jonathan K. Nelson to provide comprehensive legal services across family law, probate and estate planning, personal injury, criminal defense, and bankruptcy matters. The firm emphasizes practical guidance and diligent advocacy, leveraging seasoned...
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...
Men's Rights Law Firm
Cape Coral, United States

Founded in 2003
4 people in their team
English
Men's Rights Law Firm is a Cape Coral, Florida based practice that concentrates exclusively on family law matters affecting husbands and fathers, including divorce, child custody, child support and paternity disputes. The firm emphasizes advocacy for fathers seeking fair time-sharing and support...
The Shapiro Law Firm, LLC
New York City, United States

Founded in 2010
2 people in their team
English
Founded in 2010, The Shapiro Law Firm, LLC is a New York City based boutique firm specializing in immigration and family law. Led by Aaron D.P. Shapiro, Esq., the firm provides direct access to its attorneys and emphasizes a client-focused approach with a hands-on style that avoids paralegals for...
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...
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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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