In the United States, military divorce can be a complex and emotional process. With unique laws and regulations to adhere to, it is important to find a military divorce attorney who understands the nuances of this type of separation. In this article, we will discuss the benefits of hiring a military divorce attorney, as well as what to look for when selecting one.
What is Military Divorce?
Military divorce refers to the process of legally ending a marriage where one or both spouses are active-duty military members or veterans. These divorces often involve issues that are unique to military life such as property division, child custody and visitation, and retirement benefits. Military divorces can also involve the Servicemembers Civil Relief Act (SCRA), which provides certain protections to active-duty military members.
It is important to seek legal representation from a military divorce attorney who is experienced in handling these types of cases. A good attorney can help protect your rights and interests throughout the divorce process, and ensure that all issues are resolved fairly and equitably.
Why Hire a Military Divorce Attorney?
There are several advantages to hiring a military divorce attorney, such as:
- Understanding of military divorce laws and regulations
- Experience handling complex military divorce cases
- Familiarity with the unique challenges faced by military families
- Knowledge of both state and federal laws that may apply to military divorce
Additionally, a military divorce attorney can help you navigate the legal process, negotiate with your spouse’s attorney, and advise you on any potential pitfalls or issues that may arise during your divorce.
What to Look for in a Military Divorce Attorney
When searching for a military divorce attorney, it is important to look for someone who:
- Has experience handling military divorce cases
- Is familiar with military life and culture
- Understands the unique issues that can arise in a military divorce
- Is responsive and communicative
- Has a good reputation and track record of success
It is also important to find an attorney who you feel comfortable with and trust to represent your interests throughout the divorce process.
The Military Divorce Process
The military divorce process is similar to a civilian divorce, but there are some key differences to be aware of. These may include:
- The Servicemembers Civil Relief Act (SCRA) may provide certain protections to active-duty military members
- Divorce proceedings may need to be postponed during an active deployment
- The division of military benefits such as pensions and healthcare may be a complex process
These issues can add to the complexity of a military divorce, making it all the more important to have a skilled attorney on your side.
What is the Servicemembers Civil Relief Act?
The Servicemembers Civil Relief Act (SCRA) is a federal law that provides certain protections to active-duty military members. These protections include postponing civil court proceedings, such as divorce or foreclosure, while the service member is on active duty.
How long does a military divorce take?
The length of a military divorce can vary depending on factors such as the complexity of the case, the cooperation of both parties, and the court’s schedule. On average, military divorces take about 6-12 months to complete.
How are military pensions divided in a divorce?
Military pensions are considered a marital asset and can be divided between spouses during a divorce. The division of military pensions is governed by the Uniformed Services Former Spouses’ Protection Act (USFSPA), which outlines how pensions can be divided and when payments can be made.
Military divorce can be a complex and emotionally challenging process, but with the right legal representation, you can protect your rights and interests. By hiring a military divorce attorney who understands the unique challenges that military families face, you can navigate the legal process effectively and ensure that all issues are resolved fairly and equitably.