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Find Military Divorce Lawyer

Find Military Divorce Lawyer

Military Divorce

Being in the military can change many circumstances. One of the most important changes is how divorce functions. Military divorce carries a unique set of circumstances, rules, and procedures that can make it a more complex process than a civilian divorce.

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Law Office of Madelin Diaz, P.A. - Miami

17 years in practice
Child Custody, Child Support, Divorce & Family Law, Domestic Violence, Military Divorce
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The Law Office of Martin Sir & Associates

44 years in practice
Adoption, Alimony, Child Custody, Child Support, Divorce & Family Law
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The Webb Family Law Firm, P.C.

16 years in practice
Military Divorce
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Contreras Law Firm

16 years in practice
Bankruptcy, Child Custody, Child Support, Divorce & Family Law, Military Divorce
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Wilson Brown, PLLC

20 years in practice
Adoption, Child Custody, Child Support, Military Divorce, Trust & Estate
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The Eaton Family Law Group

12 years in practice
Child Custody, Child Support, Divorce & Family Law, Divorce Law, Military Divorce
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A Unique Set of Circumstances

Military divorce litigates the same issues as a normal divorce. In most cases, child custody, alimony, child support, and division of assets are handled in either mediation or court. However, the unique part of military divorce is the jurisdiction of the divorce proceedings and the military spouse pension.

Military Divorce Jurisdiction

When it comes to filing the petition for divorce, military divorces have a unique feature: choice. Unlike a traditional divorce in which the petition must be filed in the state where the spouses hold residency, a military divorce can take place in either the state in which the divorcing spouses have permanent residence or the state where the military spouse is stationed.

This choice of venue can give the spouses the choice to file the petition for divorce in whichever state has the most advantageous laws.

Military Spouse Pensions

The pension of a military spouse is a unique item in a divorce proceeding. Depending on the laws applied, the pension may be treated as a stream of income, or as an asset. If it is counted as an asset, the military pension will be divided as part of the splitting of property and assets. If it’s counted as income, then the military pension will be added to the spouse’s gross income and be used to calculate child or spousal support.

Fighting to Protect Your Interests

Military divorces are a stressful affair. On top of the inherent difficulty of a divorce, the additional pressures of choosing the state to file in and litigating the status of the military spouse’s pension can make the process more difficult than a traditional divorce. With the help of a military divorce attorney, you can protect your interests while making the divorce process as smooth as possible.

In order to achieve this best outcome, however, you will need an attorney who has the expertise and resources to take your case all the way. That’s why you should contact Attorney at Law. By partnering with AAL, you will be able to avoid slogging through the quagmire of unscrupulous lawyers looking to exploit your case.

At AAL we only partner with the best firms in your area, helping you find the best attorney for your case. Don’t wait, contact AAL today for a free no-obligation consultation and begin your journey to justice.


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Military Divorce Frequently Asked Questions

1. What is a military divorce?

A military divorce is any legal separation between spouses where at least one person is in the military. In many ways, these proceedings are the same as a normal divorce with some notable exceptions. One of the most notable ways that military divorces are different from normal divorces is how the petition for divorce may be filed. 

Typically, in a divorce, there are residency requirements that must be met in order to file for divorce. However, in a military divorce, the petition for divorce may either be filed in the state that the military spouse is stationed in or in the state where they have permanent residence. This allows the military spouse to choose which venue is most ideal for their proceedings.

2. What is a military spouse entitled to in a divorce?

One of the key things that a military divorce settles apart from the traditional divorce topics of child custody, division of property, or spousal support, is the topic of the military spouse’s pension. Under the Uniformed Services Former Spouses' Protection Act, the military spouse’s pension can be treated as income or as an asset. This is relevant because as an income it can be divided between the separating spouses but if it’s an asset then it can be wholly claimed by one spouse or another. The division or protection of the military spouse’s pension is a unique entitlement negotiated by military divorces.

3. How long does a military divorce take?

As with many divorces, the length of time that a military divorce takes depends on how contentious the issues of the separation are. If there are no children involved and both spouses agree on the division of property and assets, then the divorce may only take a few months to finalize.

However, if there are children or disputes over property, assets, or the military spouse’s pension, then the divorce process may take several months or even years to resolve. Child custody disputes alone can take months to resolve with another few weeks taken in order to settle child support disputes.

4. Can I file for divorce while in the military?

When a military divorce can be filed depends on the status of a military spouse. Under military law, a divorce cannot be filed while the spouse is on active duty. Additionally, there is a 90-day grace period after the spouse’s active service ends during which a divorce petition cannot be filed. However, if the military spouse is not on active duty and has not been on active duty in the last 90 days, then a military divorce should be able to be filed.

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