If one knew a military divorce attorney, one would also know about the Service Member’s Civil Relief Act. This Act enables a serviceperson on active duty to devote all of her attention to the protection of the country rather than to personal issues until her tour is over and then for up to 60 days longer. The following information will offer some thoughts about military divorce lawyers and their role in a serviceperson’s divorce, including their knowledge of military personnel-specific divorce laws.
Pittsfield, MA -- (SBWIRE) -- 11/28/2012 -- From the get-go, understand that the military itself has no attorneys that specialize in divorce. They have legal advice officers who can offer to write motions or letters on behalf of the soldier, but no defined military divorce attorneys. When a soldier wants to divorce his spouse or is being sued for divorce by his spouse, he will get as much legal advice as he can from the legal assistance office on base, and then be encouraged to contact a family law attorney who specializes in military divorce in the state in which he is stationed. That lawyer will then go over the soldier’s financial information, etc, as it pertains to the divorce proceedings.
Ways to Choose a Good Military Divorce Lawyer
Having said that, despite the lack of a military divorce attorney, all branches of the armed services will step in when a couple separates to be certain that the military personnel involved will take care of his children financially. This means that the soldier’s base will provide child support to the custodial parent, out of the soldier’s pay, until such time as the couple’s divorce is official. Once the state has deemed the divorce final, it takes over the wage garnishment of a soldier’s pay for child support unless another satisfactory arrangement has been made.
If there were such persons as military divorce attorneys, they would know that other laws regarding a soldier’s divorce exist. One such law is the Uniformed Services Former Spouses’ Protection Act, which states that a soldier’s pension will be divided between the military member and his ex-spouse according to the laws of the state in which the couple is divorcing. The state can determine how much of a retired military person’s pension the non-military spouse is to receive regardless of how long the couple was married. The military divorce attorney would also know that a former military spouse is entitled to continued health care after the divorce is final if the marriage is 20 years old or older and the soldier has 20 years of active status in the service.
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