How can a divorce lawyer help you with a military divorce? 

A divorce lawyer who specializes in military law may be of great help to you during a difficult time. Not only can he or she help you resolve your marital issues, but can also protect your rights and benefits in the military. 

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How Can A Divorce Attorney Help With a Military Divorce?

A divorce can be a complicated process for any couple, but if one or both parties is a member of the United States military it may be even more so. There are special rules and requirements that apply to U.S. service members and their spouses when they get a divorce, including compliance with support payments, service of process, residency or filing requirements, and division of military pensions. 

The most important thing to understand is that both federal and state laws are going to apply to a military divorce. It’s essential to hire an experienced and skilled military divorce lawyer to guide you through your case. 

Some of the issues that arise in military divorces are similar to those that occur with civilian divorces, such as child support and spousal maintenance. However, some of the nuances that affect these areas are specific to military family law. It’s imperative that the court consider those nuances when determining a child support or alimony amount, because military members can lose their rank, receive pay cuts, or lose out on leave time as a result of non-payment. 

Setting Aside or Vacation of Default Judgments.

If you and your spouse file for a divorce but your spouse fails to answer the complaint, the judge will usually award you a default judgment in that case. But the SCRA gives you the ability to set aside that default judgment and reopen the case if you can show you have good reason to believe your spouse has not answered the divorce papers. 

Moreover, the SCRA allows you to request a “stay” of your proceedings if you are deployed and cannot attend the divorce hearing. This is very useful because it can delay your legal proceedings until you are able to return home. 

Relocating Your Military Family While a military member’s service can make it difficult to settle on where they should live, it’s generally best to find a place that’s close to your spouse. This can make it easier to file for a divorce and protect your family’s future in the event that your military unit moves or you relocate. 

When determining where you should file, it’s important to know that a military family can’t file for divorce in a state where they’ve lived for less than six months. This rule applies to active-duty personnel and their families, but it also applies to retired personnel who have lived in a particular state for at least two years prior to the divorce. 

It’s also very important to make sure your lawyer is aware of the complexities of martial property laws. This is because martial property includes items that the military may have acquired during service and/or in the course of a marriage, such as a vehicle.