Military Divorce Lawyers


If you or your spouse are in the military and are considering divorce, or if you have already been served with divorce papers, you owe it to yourself to get the finest legal advice possible, from a military divorce lawyers who will make sure your case is handled professionally, carefully, and equitably.

Due to the complex issues that may arise in a family law action involving a military member, a consultation with a qualified military divorce lawyer is recommended. Hiring a qualified and well informed military divorce attorney who will be able to assemble the information you need, and will work with your specific needs.

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.


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