If you or your spouse has made the decision to file for a divorce and one of you is in the military, there are extra considerations to take into account when choosing a lawyer and filing.
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Some studies have shown there may be a higher risk of divorce for married service members that have served in combat. There are several complications that make military divorce different from civilian divorces.
A few of the common differences include:
- retired pay is less likely to be divided in a military divorce than in a civilian one.
- Child support calculations
- The state you can file in
There are actually special federal laws in place that apply specifically to active duty military and their former spouses if they divorce. The Servicemembers Civil Rights Act offers protection of rights for active duty military members. This law can help if you’re unable to attend proceedings due to duty. And the Uniformed Services Former Spouse Protection Act can still access certain benefits in certain situations.
Military divorces are more complicated than civilian divorces and require more careful planning. Whether you’re the petitioner or respondent, the sponsor or dependent, you have rights and should be aware of them. As should your divorce attorney.
It’s especially important for service members to have an attorney representing them in their divorce. Particularly a knowledgeable and experienced one. If this applies to you, contact the Law Offices of Larsen and Mender today
The attorneys at Larsen and Mender will help you through the process with our support and expertise. We use virtual services to keep you update on everything and keep our services accessible with flat fees