Navigating the Challenges of a "Military" Divorce
When one or both members of a couple are active members of the military, accomplishing a divorce carries additional complications. It may be unclear which U.S. court has jurisdiction. One member of the couple may be stationed overseas, with the challenge of time changes and communication difficulties. Issues of child custody and visitation with grandparents are particularly emotional and difficult.
If you or your spouse is a member of the military, you need a divorce lawyer who understands these challenges and who can work with you to protect your financial interests and your parental rights.
Contact a Norfolk military divorce lawyer or call to schedule a free initial consultation at 757-583-1879 to learn more about your rights and your options.
Complications of Divorce When in the Military
Military members get legal services as part of their benefits. A couple where both spouses are in the military will frequently both go to the military legal department. There are two problems with this. First, the legal department can't represent both parties or even draft both sides of a separation agreement. Whoever gets there first gets legal representation. Second, the military legal department has a limited capacity. Military attorneys might not be licensed in Virginia, which means the language they use in an agreement may not always be well chosen for use in Virginia's courts. It is very important to get a civilian lawyer who knows Virginia family law.
Jurisdiction and the Divorce Process: It is important to identify which state has jurisdiction for your military divorce. The Servicemembers Civil Relief Act (SCRA) protects active duty military personnel from actions brought against them while they are deployed.
If you are deployed, we can arrange "video" meetings, work with you by telephone or e-mail and protect you in your absence.
Property Division: There are some issues that are handled differently with a military family than a civilian family. The most common difference is military retirement. Military pensions are divisible in the event of divorce, but are subject to a specific calculation and possible negotiation.
Challenges with Child Custody and Support: Calculating income and collecting support from a military member can also be more complicated because of regulations governing active or retired members of the military. There are also more consequences for unpaid support. If delinquent on child support or spousal support payments, it will end up in the military spouse's file.
Child visitation and custody arrangements are also an issue. Deployments, visitation and custody can be very difficult to negotiate and coordinate. The potential for one or both parents being gone for a stretch of nine months or longer makes determining child custody and visitation very problematic. We can help you to arrange feasible solutions for your children's care while you are deployed overseas.
Experienced Virginia Military Divorce Lawyers
At Myers & Myers, we understand that each divorce is unique. While it is usually better for everyone if an agreement can be reached outside of court, we know that sometimes litigation is needed in order to achieve a resolution.
We care about you, your children and the outcome of your case. Contact a Virginia military divorce attorney today, so that we can help you through this challenging time to start the rest of your life.
