If you or your spouse is in the military and considering divorce, or you have already been served with the divorce papers, you should get the finest legal advice from a military divorce attorney. The professional will not only provide you with advice, he/she will also ensure that your case is handled professionally and without bias. In addition to property division, you also need to consider child custody, child support, and spousal support.
Child custody in military divorce
Experts recommend that you agree with your spouse on who will have custody of the children but if you have failed to agree, you should go to court and let the judge make the decision for you. The judge will make the decision based on what is best for the child. The child will be given to the parent who is more financially off and has a good relationship with. If the child is big enough to make the decision of who he/she prefers, he/she will be asked to choose.
The court can award sole or shared custody depending on what is best for the child. In a shared custody arrangement, one parent has primary physical possession and the non-custodial parent has the standard visitation rights. The non-custodial parent can opt to visit during weekends or any other time. To increase your chances of getting a fair hearing during your divorce case you should hire a divorce lawyer who will represent you in court and also advice you on what to do and say.
Child Support and Alimony
It’s the responsibility of each parent to contribute towards the upbringing of their children. If you aren’t working or you don’t have a lot of money like your former spouse, and you are the one having custody of the children, you should work with your family lawyer and get your other partner to contribute more towards child support. You should note that according to the laws in Virginia, child support may not exceed 60% of a military member’s pay and allowances; therefore, you shouldn’t expect your spouse to contribute all the money towards child support.
Virginia laws require that the high earning spouse to give alimony to the low earning spouse. If you feel that you should be paid, you should work with your spousal support lawyer and get what you deserve. You should note that the spousal support ordered is liable to change in the event you start earning more or your former spouse loses his/her job.