Monday, October 14, 2019

Military divorce lawyer

January 14, 2009  

military divorce lawyer Very important steps to find a top military divorce lawyer!

Military personnel faced with divorce are protected by special rules that are intended to prevent their spouses from unfairly taking advantage of their active-duty status. A spouse on active duty may be unable to attend divorce proceedings because he or she is not stationed near the divorce court. When this happens, the military member can ask the court to delay proceedings until military requirements allow the member to attend. The judge will usually grant the delay unless it is determined that the military service does not substantially affect the member’s ability to attend. If you or your spouse is on active duty, the provisions of the Soldiers’ and Sailors’ Relief Act, 50 U.S.C.A. App. Sec. 521 (1968) may affect the procedures. If your spouse is in active duty and you are seeking an uncontested divorce, you may ask your spouse to waive the provisions contained in that law.

If you are contemplating a divorce from your spouse, you will want to consult with a qualified military divorce lawyer , one who is knowledgeable about military law, regulations and concerns that are specific to military members and dependents, so that you receive the proper advice. A military divorce lawyer experienced in military divorce law can help you save time, money and trouble.

Active duty military personnel should promptly advise the court of their active-duty military status, and, if applicable, their intention to obtain a stay of proceedings under the Soldiers and Sailors Relief Act. Because the stay for the divorce proceeding is discretionary with the court, military personnel may wish to retain an attorney to make the motion to the court to delay the hearing. Sooner or later, even if a stay is granted, the divorce case will proceed.

It may be financially advantageous to proceed quickly with a divorce. Because a military pension increases in value over time, a delay in the divorce proceedings may merely increase a spouse’s financial interest in a military members retirement benefits. Thus, a determination of whether to request a stay of proceedings should be made after careful consideration.
It is important that you see the Legal Assistance Office of your Staff Judge Advocate’s office if you and he intend to separate to preserve your legal right to the monetary support to which you are entitled.
This assistance is free, and you will be assigned your own attorney who represents you alone, and not you and your husband. Ensure that, if you do separate, you get a fair accounting and distribution of property. Before you sign anything, make sure you fully understand it. You can share all of the information with your attorney, who will be bound by attorney-client privilege not to disclose any of the information you provide without your consent. Army attorneys in legal assistance work for you, not for the Army as their client. Of course, ask your attorney to reiterate his obligations, but he (or she) will tell you as I have.

If you have children with your military spouse, child custody and visitation courts usually make custody decisions based solely upon what is in the best interest of a child or the best interests of children. To make this determination, courts consider many factors in your case. If the child is mature enough to make the decision of who they prefer to have full custody of them. The ability of each parent to provide for the child’s physical, intellectual and emotional well being is also a factor, along with which parent is more likely to foster frequent and continuing contact between the child and the non-custodial parent. Also, if any abusive or criminal misconduct has occurred by either party, that would be high on the custodial visitation suit. A military divorce lawyer may not be able to play a role in the actual custodial argument. The court may award either sole or shared custody. Generally, in a shared custody arrangement, one parent has primary physical possession and the non-custodial parent has the standard visitation of basically every other weekend, alternating holidays and an extended period in the summer.

If you are wishing to receive child support from your spouse, your military divorce lawyer will handle this. All military members have a duty to provide support for their children, as well as their spouses, so their wages may be garnished in order to ensure the payment of proper support. Child support may not exceed 60% of a military members pay and allowances.

When alimony is desired from a spouse in the military your military divorce lawyer will do what he/she can to ensure a proper spousal settlement. Under USFSPA, former spouses are eligible for full medical, commissary, and exchange privileges where all of the following conditions apply:

-The spouses were married for at least 20 years
-The military member performed at least 20 years of service creditable for retired pay
-There was at least a 20 year overlap of the marriage and the military service

If the spouse decides to remarry, their eligibility for benefits is terminated. If, however, the subsequent marriage is terminated, the benefits are revived.

Understanding the added stresses on military families during the divorce process, make sure to hire a military divorce lawyer who will do everything they can to make the process as easy as possible for all parties involved. Some firms provide immediate emergency legal services to military personnel, both prior to deployment and during deployment. Military divorce lawyers will respond to your concerns quickly and efficiently, so you can focus on your service to your country.
Divorce is never easy. The stresses of contemporary life make keeping a marriage together much more difficult than in the past. When military service by one or even both partners enters the picture, it’s even harder and, in turn, the divorce can become more complicated. Military divorces can differ from standard family law cases when it comes to home or residence requirements for filing, obtaining service upon an active duty spouse, compliance with military rules and regulations, and the division of the military pension, often the communities’ largest asset. A qualified military divorce lawyer will understand these issues and others necessary to successfully resolve your family law action.

Divorce and the military require a special knowledge of laws not related to civilian divorces. For example, federal legislation entitles active members of the armed forces to postpone a divorce proceeding and to court-appointed counsel in certain circumstances. Hiring a credible military divorce lawyer will give you ease knowing that the attorney is knowledgeable in military divorce situations. For instance, did you know that there is complicated federal legislation law called the Uniformed Services Former Spouses Protection Act (the USFSPA) that dictates that military retirement is marital property? It also gives states the power to determine how much of this martial property with go to each person. While each state may have different laws regarding how family law cases are to be handled and community property divided, the federal government has enacted The Uniformed Services Former Spouses Protection Act (USFSPA) that governs the calculation and division of military pension benefits.

The USFSPA does not provide for any particular division of the service member’s military retirement; it does not, for example, require that the former spouse receive 50% of the member’s retired pay. Rather, it simply authorizes states to apply their own laws regarding division of property to military retirement in military divorce cases. Under the USFSPA, state courts are only allowed to divide a service member’s “disposable retired pay,” not the member’s gross retired pay, and not any disability pay the military member received during active duty, in military divorce cases.

Military pensions like their civilian counterparts are divisible in the event of divorce, but are subject to different rules than the more common Qualified Domestic Relations Orders for private retirement accounts or Domestic Relations Orders for state and municipal pensions. Your military divorce lawyer will be able to handle the organization of these proceedings, allowing you to receive the best possible settlement in your divorce.

When faced with the difficult situation of divorce, you can try to make the situation less of a headache by choosing a knowledgeable military divorce lawyer who specializes in military law or a lawyer willing to work with a consultant. Hiring a well-informed attorney will ease your transition during your divorce.

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