Dealing With Divorce in the Military: the Role of an Army Divorce Lawyer

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According to the U.S. Census, the military divorce rate is around 4.8%. Military members under 30 years old who enlisted in air weapons and tactical operations have higher divorce rates than other military positions. The divorce rate for female service members is 7%, while the rate for male service members is 2.5%.

Undergoing a divorce while active in the military is a complicated process. Army divorce lawyer Nicole Gardana says a skilled military divorce attorney can address these complications by protecting your rights and informing you of your available legal options. 

In this article, you will learn how an army divorce lawyer deals with divorce in the military. 

Understanding Military Divorce Laws

A military divorce is governed by federal and state laws and regulations that are specific to servicemen and women, such as the Servicemembers Civil Relief Act (SCRA), which protects all legal proceedings, including divorce. 

Splitting military benefits such as pensions and health care is an important consideration when going through a military divorce. Each state has its own set of laws governing residence requirements and grounds for divorce, which can vary greatly. 

Knowing these laws and how they apply to your case supports informed divorce decisions. 

The Importance of Legal Representation

During a military divorce, it is advisable to have a legal representative to guide you through the complexities of military law and the divorce process.

Issues surrounding benefits, pensions, and jurisdiction can vary greatly from active divorce cases. A good army divorce lawyer is familiar with these nuances and can establish a strong case for your rights.

Army divorce lawyers will assist you in gathering materials, finding your way in the legal system, and formulating strategies relevant to your own situation. Their guidance can help you avoid pitfalls along the way that could become financially burdensome due to simply misunderstanding your entitlements.

Winston Salem divorce lawyer J. Scott Smith states that getting help from an expert will help you make smart choices about your case. This will result in a fair outcome, allowing you to avoid all court battles and focus on your new life.

Navigating Child Custody and Support Issues

The demands of military life can make child custody and support issues difficult. 

For instance, deployments, training schedules, and duty relocation influence custody. You must understand how deployments, training schedules, and relocations influence custody. The court usually considers the child’s best interests. You will be required to demonstrate your efforts to maintain a stable atmosphere. 

See to it that support calculations are based on your income and take into account any military benefits. Discuss the possibility of support adjustments based on deployments or changes in income.

An army divorce lawyer will put the needs of your child first and help you through these complicated issues. 

The Division of Military Benefits and Assets

An army divorce lawyer can help handle the fair division of military benefits and assets. 

Military retirement pay can be a huge asset since it is divisible under the Uniformed Services Former Spouses’ Protection Act. 

Keep in mind eligibility requirements under both the “20/20/20” and “20/20/15” rules. Do not overlook benefits from Thrift Savings Plan accounts or any other sources from which you might garner gain. Thrift Savings Plan accounts and any other investments should be considered. Investing in an army divorce lawyer guarantees the proper accounting and equitable distribution of all your benefits and assets.

Resources for Military Families Facing Divorce

Divorce can be an emotionally taxing process for military families, necessitating the availability of a variety of resources.

The Family Support Center has programs and counseling geared toward the military family. The legal assistance office may offer invaluable information about the rights and responsibilities involved in divorce.

Some online resources, such as the Military OneSource website, provide guides and support for divorce issues. Support groups can connect you with other people going through similar situations, allowing you to share your experiences and advice.

Do not hesitate to contact mental health professionals who understand your situation. Make the most of these resources to get legal advice, understand your rights, and protect your benefits throughout the military divorce process.