Why Do You Need a Lawyer for a Military Divorce?
Divorces involving a military family are often more complex than those involving civilians. There are unique issues that sometimes need to be addressed and having an attorney who has experience in handling them is preferable. To better understand why hiring an attorney at Fruchtman Law Firm is necessary, here are a couple of questions that need to be answered before filing for divorce:
Where Should You File for Divorce?
In a divorce between civilians, the logical place to file for the dissolution of the marriage is the state in which the couple lives. In a military divorce, there are special rules that dictate where the divorce can be filed and the legal state has a bearing on the financial aspects of the divorce.
For instance, the Uniformed Services Former Spouses’ Protection Act states that the state that the military member considers his or her legal residence has the right to divide the service member’s pension. If you are the civilian spouse, this can have an impact on how much of your spouse’s pension you can receive once the divorce is finalized. A family law attorney in Scottsdale AZ will be familiar with the state’s rules regarding military pensions and can provide advice on how to proceed.
How Is Child Support Decided?
The federal government defers to state law when it comes to determining child support, however, there are special considerations that must be made when divorcing a military service member. For instance, before a court order is issued, the civilian spouse can receive entitlements through the military to help provide financial support for the children. A family law attorney in Scottsdale AZ knows the steps to start the process of collecting those entitlements.
Once the child support order is issued, there is still the matter of receiving pay. An experienced attorney knows which office to submit the order for garnishment of the service member’s pay.
Contact Fruchtman Law Firm to learn more about how an attorney can help with a military divorce. There are other issues that can complicate the process and failing to have the right legal representation by your side could lead to delays or even an unfair divorce settlement.
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Scottsdale, AZ 85260