Marine Memorial
Military Family Law issues

Military Divorce Laws


Overseas Divorce

Servicemember's Civil Relief Act

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    Military Family Law

    Your Family Law Legal Needs Are Different

    Due to deployment and the transient nature of military life, when a service
    member or their spouse have family legal matters it is important to speak to
    an attorney well versed in the intricacies of how military life and rules affect
    domestic relations law. While your family law matters will be handled in a
    civilian state court it is important to understand how a civilian legal decision
    can have a life long impact on military benefits. While there may be many
    experienced and skilled attorneys in your area you owe it to yourself to at least
    speak with a lawyer who understands the unique demands that military
    families face.

    Intricacies of Military Divorce

    There are times when it is possible to get a higher percentage of spousal
    support when a military member is involved. It is important to understand
    which aspects are temporary and permanent.

    There are numerous other subtleties that come into effect involving all areas
    of military family law including:

  • Military Divorce
  • Child custody and visitation
  • Child support
  • Spousal support and alimony  
  • Military benefits
  • Paternity
  • Property division
  • Residency requirements

    Servicemember's Civil Relief Act

    The Servicemember's Civil Relief Act (SCRA) was amended substantially in
    2003. These changes are something your attorney must be familiar with, and
    working with a knowledgeable and experienced attorney can help you
    understand if the changes are applicable to you.

    In general, military servicemembers are protected when they have to be away
    from home due to the needs of the military and during those absences, they
    have civil protections. When they are unavailable, as defined by the Act, suits
    against them can be "stayed" or postponed for short or even long periods of
    time. There is no blanket rule and the decisions are made on a case by case
    basis. This includes divorce cases and paternity suits.