Military Divorce Lawyers Near Me Free Consultation – Divorce is a difficult process for anyone. For military families, the process can be more complicated, especially when the spouse is stationed overseas. in Patton Our attorneys help Pitman service members navigate the divorce process and move on with their lives.
From our Clarksville office, we represent active duty military personnel and their families based at Fort Campbell and serving in Afghanistan, Korea, Iraq, Germany and other countries around the world where our freedoms are protected.
Military Divorce Lawyers Near Me Free Consultation
Are you a military member or military spouse filing for divorce? Contact our experienced military divorce attorneys in Clarksville, TN for representation now. We are A
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The Employee Civil Relief Act affects lawsuits, including divorce, filed against active duty employees. It’s important to know how this federal law affects your situation, and our attorneys can provide you with that information.
Military spouses are entitled to certain benefits and considerations when going through a divorce. Property division, child support, spousal support and access to military benefits are important areas.
It is important to consult with an experienced military divorce attorney, such as the attorneys at Patton & Pittman in Clarksville, TN. Our military divorce attorneys can provide personalized guidance, manage the complexities of military divorce and ensure that military spouses receive the rights they deserve while protecting all of their rights and interests.
Our attorneys can guide you through the rules and requirements applicable to service members. From our Clarksville office, we can handle divorce cases for military personnel stationed anywhere in the world.
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Call (931) 361-4477 or 866-936-9758 or contact us online for a free initial consultation with our Clarksville military divorce attorneys. You are not alone. We will be with you in this difficult time. Schedule a chat with one of our customer service coordinators now
Virginia Beach 757-296-0580 Fax: 757-257-0427 Fairfax 703-995-9900 Fax: 703-563-6320 Loudoun County 703-995-9900 Fax: 703-563-6340-68738-8738 -893-5067 – 773-4491 Charlotte 980-288-8909 Fax: 980-220-4675
Military divorces present the same complications as civilian divorces, but the time frame may differ because military spouses have different divorce rules. However, the emotional burden on military families is not as heavy. Waiting for a final court decision to end the military divorce process can be just as arduous.
What military and civilian divorces have in common is that it makes sense to have a divorce attorney in your corner. If you are considering a military divorce and would like more information or assistance with your divorce process, the experienced divorce attorneys at Mellon Hatley. I can help. Contact us today for legal advice or legal assistance.
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The biggest difference between military and civilian divorce is when the spouse is a deployed military member. This makes the process more difficult and creates delays that can drag out the schedule. Because of this, special laws were enacted to protect the military in cases such as divorce.
If you need more information on how a military divorce differs from a civilian divorce, Melon Hatley is here to help. Call 800-479-8124 or fill out our online contact form to speak with a member of our team today.
Military divorce cases involve state and federal law. Service members’ rights are protected by federal laws that also deal with situations such as military pensions and pensions.
The rights of service members in all armed forces—the Army, Navy, Air Force, Marine Corps, Coast Guard, and National Guard—are protected from the consequences of inaction and from legal action through the Servicemen’s Civilian Relief Act (SCRA). The act protects service members from default judgments in civil cases and divorces while their non-military spouse is deployed, active duty, or recently discharged from active duty. This behavior will respond to files in case of expansion.
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State laws apply to matters such as spousal support, child support, and child custody, and they govern much of the divorce process, as do civil divorce laws. Differences between what aspects of divorce are governed by federal law and what state family law covers can complicate negotiations.
You file for a military divorce just like a civilian divorce, including meeting all divorce requirements. You must file the initial divorce papers, called a Petition for Divorce, with the court in each spouse’s state of legal residence. This can be a military spouse or a non-military spouse. “Legal residence” requires that a couple have lived in the state for at least six months and intend to continue living before they are eligible to file for divorce.
It’s worth noting that military spouses with legal residency have the right to divide military pensions, rights and other forms of military pension in a divorce under the USFSPA (United Service Spouses Protection Act). If a military member chooses, he or she can agree to have a state court divide their pension, but in many cases, the court does not have jurisdiction under the law. Typically, pensions and other monetary entitlements are handled by the Defense Finance and Accounting Office (DFAS), which receives the funds and then issues checks.
As stated above, the USFSPA protects military members’ rights from default judgments. Generally, when a spouse files for divorce, the other spouse must file within 21 days. A servicemember may, within 90 days of being on active duty, deployed, or discharged from active duty, apply for an extension of time to respond to divorce papers filed with the court under this Act.
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This extension, called a stay of proceedings, applies to any claim related to the divorce, such as alimony, child support, child custody, division of military rights and a portion of other property. A military spouse must file a written request for an extension of time, which your military divorce attorney can help you draft.
The initial stay lasts 90 days, but the court may extend the stay for good cause. However, military spouses cannot stay indefinitely. Such delay is permitted only if the servicer’s obligations prevent him from participating in the divorce proceedings.
A contested military divorce can take anywhere from a few weeks to a year, depending on how complex and contentious the case is. If you are seconded, your filing period may be extended. The timing also depends on the reason for the divorce. Some divorces require a period of separation before the divorce. Others require grounds that require proof of guilt. This is another reason to have a family law and military divorce attorney in your corner.
You may be eager to go through with the divorce process, but the law provides protections for active couples. Each branch of the military provides legal aid services located on most bases. These lawyers can be helpful in writing letters, reviewing legal documents, negotiating and providing legal information. However, they cannot represent you in your divorce. A qualified Virginia military divorce attorney should seek representation.
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While seeking on-site help can be helpful for some basic tasks, having an attorney in your corner who can aggressively represent your interests is critical to ensuring you have a fair and just divorce. The property division covers child support and maintenance payments, also known as spousal support, based on joint entitlements, such as your Basic Child Support Allowance (BAS), Allowance for Housing (BAH), and other military benefits.
Your spouse may continue to receive health benefits and may even have access to your store. Once a court order is issued, you must go back to court and fight to change it.
Your attorney knows how to fight for your right to a fair division. They may be able to help you get out of the military. It’s important to understand the different benefits you receive and how your years of marriage and years of service will play a role in your divorce. Your divorce attorney can help you through these difficult times.
The Virginia military divorce attorneys at Mellon Hatley have helped hundreds of military spouses through their divorces. Our attorneys understand the process and know what to expect. We can educate you and help you protect your rights regarding equitable property division, child support, child support, spousal support, alimony and more.
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You are not alone. When you need a friendly ear and knowledgeable guidance, we’re there for you. We can be clear in emotional times and give you advice when it’s time to fight. We represented military families in Virginia and North Carolina
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