If you are in the military or your spouse is, it is important to work with an attorney who is familiar with the ins and outs of a military divorce.
These cases are not handled in military court, but there are financial considerations, issues with deployments, custody, and assets unique to military couples.
To ensure that you and your children are protected, call 909-466-7661 and schedule an appointment with The Law Office of Laurence J. Brock.
Many people wonder if they can file for divorce while they or their spouse are on deployment.
The answer is yes: you can file divorce while one or both parties are deployed. However, there are specific guidelines that must be followed when it comes to providing legal service.
You can’t just email them the paperwork. They must be legally and properly served in order for the divorce process to proceed.
Naturally, this is more challenging if they are deployed to a remote location.
If they are on active duty, a request for service may need to go through their commanding officer, and various host countries have rules that must be followed as well. This makes it difficult to proceed with a military divorce without the help of an experienced attorney.
If you have been served papers for a military divorce and are currently deployed or on active duty, a Military Divorce Lawyer Rancho Cucamonga can still help you.
You can contact us HERE and retain representation remotely, something highly recommended for ensuring that your rights are protected. Working with an attorney while deployed is critical if you are concerned about your assets or more importantly, custody.
It can be difficult to respond to requests for information or documentation in a timely manner or to follow any court orders while on active duty. Working with a lawyer during your military divorce will ensure that your ex cannot use your lack of availability to their advantage.
A military divorce is unique from a financial perspective because pay is calculated much differently than it is during a civilian divorce. On top of a base pay, service members often have housing allowances, hazard pay, etc. All of this must be taken into consideration when determining what a person’s true income is, especially when child support will be an issue.
Dividing retirement assets is also something that must be taken into consideration in a divorce. While this is true for both a civilian and military divorce, understanding how military pensions work is helpful.
If you are going through a military divorce with children, hiring a lawyer is certainly a wise idea.
There are several reasons for this, including where they are going to live. Where you are stationed may be different from where you were living or where the non-service member spouse wants to live after the divorce. The issue of relocation can then be on the table.
Whether or not the children are allowed to move as part of the divorce will be up to the judge. Simultaneously, the issue of custody and visitation must be addressed as part of the divorce, and it is important to ensure that both parents’ rights are protected, regardless of deployments. This often requires a temporary parenting plan and one that becomes permanent once the active-duty military member is back stateside.
If you are getting divorced and either you or your spouse is in the military, you should speak with a family lawyer who is familiar with military divorce cases.
While legally these cases are handled in civilian court, there are specifics involved when it comes to accurately assessing finances, custody, and the division of property that do not always apply in civilian divorces.
Working with a lawyer who specializes in family law can help to ensure that your rights are protected and the process goes smoothly.
To schedule your consultation with The Law Office of Laurence J. Brock, call 909-466-7661 or contact us HERE. An experienced Rancho Cucamonga Military Divorce Lawyer can help.