Military Divorce Attorney

If you or your spouse are in the military and are considering divorce, or you have already been served with divorce papers, the first thing that you should do is get a military divorce attorney who will make sure your case is handled professionally, carefully, and equitably.

Role of the military divorce lawyer

Your attorney will help you go through the complex divorce case. The professional will help you assemble the information you need to increase your chances of getting what you are looking for. If you got children with your military spouse, child custody and visitation courts usually make custody decisions based solely upon what is in the best interest of the 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. Your military lawyer will argue your case so that it can go your way.

Child Support and military divorce

If you are looking to get child support from your spouse, your child support lawyer will handle this. It’s your responsibility with your spouse to give support to your kids. Even if you are the only earning parent, the law stipulates that child support may not exceed 60% of a military individual’s pay and allowances.

Military divorce and alimony

Under USFSPA, the previous spouses are qualified 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 has been in service for 20years and above. Therefore he is credible for retirement pay.
  • There was at least a 20-year overlap of the marriage and the military service
  • If the spouse decides to remarry, their eligible benefits are terminated. If, however, the subsequent marriage is terminated, the benefits are revived.

Conclusion

A military divorce is complex but with the right family lawyer you will have an easy time. For ideal results ensure that the lawyer you hire is highly experienced in military cases.