Military divorce is complex and requires a lawyer with knowledge of military benefits, retirement, service documents, and housing conditions. There are no military divorce courts or judges, and federal laws may override state laws. Military divorce attorneys are not the same as military lawyers.
Military divorce is a very complicated legal matter that requires the knowledge and assistance of a military divorce lawyer. A military divorce is the dissolution of a marriage when one or both parties to a marriage are in the military, and while the divorce still follows the same procedural rules as a civil divorce, there are complexities involved with military benefits, retirement, service documents and housing conditions that need to be dealt with separately. A military divorce attorney must be proficient in all of these areas, and not all other divorce attorneys understand the laws surrounding military divorce.
There are entire law firms handling military divorce disputes. There are no military divorce courts or military divorce judges as the military uses the same legal system used by all other citizens of the United States. Military divorces have a different rule than those used in civil divorce proceedings. In most jurisdictions in the United States, the service must be performed within a specific time frame and in person. In a military divorce, there are laws that protect the member of the military if there is an unusual delay in the proceedings due to an inability to attend the proceedings or be served due to active duty.
A military divorce attorney must know the details of all applicable state and federal laws that might apply to a divorce. While most divorces are governed by state laws, this isn’t entirely true when it comes to military divorce. There are certain federal laws that override state laws regarding military benefits, pensions, retirement, custody and alimony, or child support. In rare cases, parts of the divorce hearing may need to be heard by a federal judge.
Further problems arise if one or both members are stationed abroad.
A military divorce attorney is not the same as a military lawyer. The military divorce attorney is not necessarily a member of the military, although military attorneys can sometimes offer legal advice on military divorce matters. Military divorce attorneys may handle other types of cases, but often focus primarily on military family matters or divorce.
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