As compared to regular divorce proceedings experienced by civilian couples, the process may go a little differently for military families. Hiring a military divorce attorney is essential when you’re a service member undergoing divorce.
Divorce is an already complex enough process as it is, and yet, it gets more intricate and complicated when it involves service members. A non-military divorce attorney, even with his or her extensive knowledge in family law and divorce, may find it challenging to represent a member of the military or his or her non-military spouse.
An Experienced Military Divorce Attorney
A divorce attorney experienced in handling military divorces can help you avoid potential pitfalls and obstacles that military families will face in this type of legal proceeding.
These obstructions and pitfalls may manifest themselves in the form of child custody, child support, property and asset division, where to file for divorce for military families, military retirement benefits, disability pay, and other military benefits.
Division and Handling of Disability Pay and Military Retirement
When it comes to military divorce, one of the essential items to deal with between divorcing couples is the handling of disability pay and military retirement benefits.
In general, military disposable retired pay can be divisible between couples upon divorce. However, military disability retirement benefits, VA disability compensation, Concurrent Retirement and Disability Pay (CRDP), and specific combat-related salaries are not divisible.
If a service member opts for disability compensation, there’s going to be a requirement of a retired pay waiver that’s issued dollar-for-dollar. That subsequently lessens the spouse’s portion in the military service member’s retirement funds. In some scenarios, the non-military spouse’s share could be dissolved altogether.
In terms of CRDP and combat-related compensation, there’s not dollar-for-dollar disclaimer requirement. To be officially considered for the combat-related benefit and CRDP, there are several criteria to be met. A more in-depth discussion with a military divorce attorney will be helpful in your specific scenario.
A military divorce attorney understands the intricacies of military law, and this involves military retirement and disability pay.
The attorney can help represent your best interests. He or she has the knowledge needed to assure you that disability pay and retirement benefits are sufficiently addressed during the proceeding.
Military law may still be subjected to follow specific jurisdiction laws. Thus, you need to find a military divorce attorney that is local to you.
The issues we’ve outlined above are just some of the items military divorced lawyers can help you address. During the divorce proceeding, veterans compensation and other explanations for scenarios in which the service member doesn’t claim all or some of any type of military compensation must be addressed.
Military pay and disability compensation are tax-free. Divorce attorneys specializing in military law often see these issues crop up.
Child Custody and Child Support in Military Families
Child custody and child support are essential items in a divorce proceeding. However, when this situation happens in military families, the service member’s deployment is a huge determining factor.
The custody and child support decision must take into account the unique requirements of active service members’ situations. These requirements are not always present among civilian divorce cases.
When you’re military divorce attorney crafts a custody agreement for you, here are some important considerations you should keep in mind:
- The impact of the military deployment to the custody and child support arrangement.
- The location of the deployment.
- The state in which there is governing jurisdiction.
- The family care plan you have.
These are the custody issues that non-military divorcing couples don’t have to address. There are certainly more nuances to these custody and child support items and what makes your own situation unique. Call a military divorce attorney to discuss your individual situation.
Help from Military Divorced Attorneys
Ultimately, you’d want a divorce settlement that protects your interests and keep your hard-earned service benefits – all in the spirit of fairness.
If you strongly feel that you owe it to your non-military spouse to offer financial support, especially when there are child custody and child support involved, then it can be done – so long as you are still protecting your military service and retirement benefits.
An experienced military divorce attorney is the best person to give military members and non-military spouses undergoing divorce. This type of attorney specializes in the unique nuances involved in a military divorce, veterans’ retirement benefits, military compensation issues, and other factors involved in military life.