Choosing a Military Divorce Lawyer
Choosing a military divorce lawyer will help you get the best possible results for your case. There are different things that you need to take into account, such as waiting periods, retirement benefits, and property division. These are all things that you need to be aware of before you start your divorce.
Property division
Dividing property after military divorce can be a tricky proposition. In some states, there are limitations on how much a judge can divide. In others, there is no limit on how much a judge can award to a former spouse. There are many factors to consider, and the courts have a great deal of discretion when dividing marital property.
Most states have adopted the “equitable distribution” rule, which means that property that was acquired during a marriage will be split 50/50. However, this does not mean that the former spouse receives an equal share. In fact, the former spouse may ask for less than half of the retirement, and the court may order it.
There are also special considerations for dividing military pensions. For example, if the former spouse did not contribute to the pension, the pension may be considered separate property.
Several states have taken the equitable distribution concept to a new level, and require the former spouse to be awarded a share of the retirement as part of the division of property. The court can award the former spouse a larger share of the pension if the marriage was longer than 10 years.
Some states, such as California, have a clear cut definition of marital property. These states require the court to divide the marital property evenly, and to award the former spouse a share of the retirement.
Colorado has a law that presumes that property acquired during a marriage is marital property. This property can include retirement pay, pension earnings, and Thrift Savings Plan (TSP) contributions.
The Uniformed Services Former Spouse Protection Act (USFSPA) provides states with authority to divide military retirement pay as property after a divorce. However, this federal act does not automatically grant the former spouse a share of the pension.
Retirement benefits
Whether you are a military spouse, or the military spouse of another, you may need to figure out how to divide your retirement benefits in a divorce. A military divorce lawyer can help you with this. This is a complex subject, so you should consult an attorney who knows the ins and outs of military retirement law.
There are two types of retirement benefits that are divisible in a divorce. The first is disposable retired pay. This type of pay is made up of disability pay and gross retired pay. The latter is the longevity pension.
When a service member retires, he sends a monthly payment to his spouse. In a divorce, the former spouse is entitled to a portion of the disposable retired pay. This may mean a difference of several hundred thousand dollars.
The Thrift Savings Plan is another retirement asset that is divisible in a divorce. This is similar to an employer sponsored 401(k) plan. The former spouse is able to roll over a share of the retired pay into a qualifying account.
Retirement benefits are often overlooked in a divorce, but they are a big asset. The amount of retirement assets you lose will depend on the length of your marriage and the circumstances of your ex-spouse. If you have an attorney who is knowledgeable about military retirement law, you will be able to minimize the loss of your retirement assets.
Depending on state law, a divorce lawyer can assist you with dividing your military retirement benefits. A military divorce lawyer may also be able to save you time and money in the settlement process. A knowledgeable lawyer will be able to draft the proper documents and protect your interests.
Visitation and custody arrangements
Whether you are planning a divorce or preparing for a deployment, military parents face a unique set of challenges. These challenges may require modification of child visitation and custody arrangements. The process is often a complex one, but military divorce lawyers can help you navigate challenging situations.
Military families need to provide financial and medical stability for their children. They may need to relocate or deploy for long periods of time. A family care plan may help them with this. It should include a list of custody and visitation arrangements.
If a service member has sole physical custody, he or she may need to request a change of duty station. He or she may also be able to ask the court to grant increased visitation before and after deployment.
Military families should also prepare a plan for an overseas deployment. It is important to think about travel and distance for visits, as well as the child’s current school breaks.
Often, a military parent may be able to request a longer visitation agreement for the non-custodial parent during the summer months and holidays. This may involve calling and emailing or using online video chat programs. It is important to remember that communication is vital for a long-distance deployment.
Military parents may want to designate the non-custodial parent as the “sitter of first choice”. This means that the non-custodial parent is to be the first person the child is contacted when a babysitter or babysitter’s sitter needs to be replaced.
If the parents’ relationship is improving, they may want to designate a specific time for the non-custodial parent to pick up the child. They may also designate a time for the non-custodial spouse to call.
Serving papers to a military member
Getting divorce papers served to a military member can be difficult. The process can be tricky if the person is frequently relocated. Thankfully, there are some ways that service can be facilitated. You can contact your local military legal assistance office to learn about how they can help you.
The easiest way to serve someone is by certified mail. However, if you are serving someone who is stationed overseas, you will have to follow the rules of international service of process. This can be a very complicated process, so you should contact an attorney before trying to serve anyone.
If you are served with divorce papers, you may have a few options. First, you may be able to get temporary health care coverage. The Department of Defense has a program that provides temporary health care coverage to service members and their families. You can also get financial assistance for moving costs.
If you are unable to serve the person with divorce papers, you may be able to get a default judgment. A default judgment will give you all of the things you were originally asked to get by the original court papers. A default judgment will usually be granted. However, you should still seek legal advice from a military lawyer before attempting to get one.
If you are serving a military member in North Carolina, you may be able to serve them by certified mail. You will need to know their current address and where they are stationed. You can also contact the sheriff in the county they are located in. You will need to request a return receipt.
If you are serving someone in the United States, you can serve them through the Servicemembers Civil Relief Act (SCRA). The SCRA gives service members more time to respond to divorce papers.
Waiting periods
Unlike traditional divorces, a military divorce involves special laws and issues. They can affect your pension and retirement pay, and even child custody. It is important to find an experienced lawyer to guide you through the process.
The best thing you can do is hire a divorce lawyer who is familiar with military rules and regulations. He or she can help you understand how to protect your retirement pay and retirement assets. It is also important to know how to make the most of your military benefits.
A military divorce can be tricky, and it can take a lot longer than a traditional divorce. Some states require a waiting period before filing for divorce. This waiting period is designed to give couples time to think about the decision and to protect children. The state that you live in will also determine how your military retirement benefits are divided.
Some states, like Alabama, have a specific statute that protects military members. They may be required to show up for court dates and file the paperwork on time. A lawyer can help you navigate through the laws and make sure all of your military benefits are taken into consideration.
The Service Members’ Civil Relief Act (SCRA) delays family court proceedings for active duty service members. They are fully protected during the 90-day waiting period.
If you are married to a service member, you may also be affected by the Uniformed Services Former Spouses Protection Act. The USFPA allows military members to file for divorce in their state of residence. However, it does not protect service-members on full active duty.
A divorce lawyer can help you navigate through the legal process and make sure all of your military benefits are respected. A divorce lawyer can also help you draft a settlement agreement.
