A military divorce lawyer is a family law attorney who specializes in military divorce cases. They have extensive knowledge and understanding of family law and the federal law that applies to military divorces. They use this knowledge to help military service members and their spouses through divorce proceedings. The leading role of a military divorce attorney is to help you reach an equitable and fair outcome on the dissolution of your marriage. However, they must apply special rules and requirements to do this.
Where civilians file for a divorce is easily determined by where they live. However, with military divorces, even the question of jurisdiction can become complex. A military divorce lawyers near me is hired to advise on determining such issues and ultimately help you and your spouse negotiate an equitable settlement.
Issues such as property distribution, child custody, and child support payments are determined by the laws of the state where the petition is filed, and a competent attorney near you will help you come to decisions on these issues. They will advise on your best interests and advocate for your legal rights, informing you of the legal options available to you as a military service member or the spouse of a service member.
If amicable agreements cannot be made and your case goes to court, lawyers military divorce will prepare and guide you through the legal proceedings until the final judgment of your case.
Attorneys military divorce should be hired for military members and their spouses, whether or not the couple sees eye to eye. This has less to do with the discourse and more with the complexities of the procedures that will govern your divorce. Hiring a military divorce attorney near you is a critical first step that you should take, preferably even before you speak to your spouse.
When choosing a military divorce attorney near you, you should remember that a nasty or unfair divorce settlement will have long-term consequences for you. Many divorce lawyers may advertise as military divorce lawyers, but you should consider some of the following factors before hiring military divorce specialists:
Specialized Knowledge: You need a lawyer who knows and understands the law that applies to a member of the military and their spouse and ideally exclusively represents service members or their spouses.
Experience: Hiring an experienced attorney is essential. An attorney who has handled a military divorce case like yours in the past is most likely to be able to get you a fair settlement.
Costs: You must hire the best military divorce lawyer within your budget. Divorce cases, especially those that involve children, may drag on for some time, and you don’t want to rack up a cost that you cannot afford. Getting expected legal costs upfront is a great way to avoid this.
The average costs for military divorce attorney near me will vary depending on where you are and how much experience the lawyer and their firm have. The hourly rate for military divorce attorneys in the US ranges between $100 to $500+. Your total cost will depend on how many hours it takes to settle your divorce. Hiring an experienced and knowledgeable military divorce attorney will save you some costs. The average price for divorces in the US is approximately $15,000, but it can be significantly less when there are no disputes between the couple.
Military divorce law firms will typically charge for consultations. Similar to the costs you will be charged during proceedings, this initial cost will vary depending on the law firm you choose. While some lawyers for military divorce may charge their regular hourly rates for the consultations, others may charge a flat fee covering all initial consultations before they have officially taken your case.
While you do not necessarily need one, if you or your spouse are a military officer, it will be best to get one as there are special rules to comply with that are not as commonly known or understood. So, it is better to find a lawyer for military divorce near you
Depending on the state, the state court may treat gross retired pay benefits as sole or joint property. Consideration will then be given to how many years you were in the service, how many years you were married and how many of those years overlap.
If you are on active duty, you cannot be held in default for not responding to a divorce petition. Divorce papers must be filed on you personally to invoke the state’s jurisdiction.
To determine child support, the courts will look at both of your incomes. As a military officer, the courts will take into consideration that your qualifying income is not necessarily the amount you are required to report on your federal tax returns.