how can a soldier find a divorce attorney

Getting educated is the first step. Often, an attorney can help with this. A great first place to start is your local military Legal Assistance Office. Military attorneys cannot go to court on your behalf, but they can help you assess your choices and alternatives. If you decide to represent yourself in a divorce action, military attorneys can also assist you with the basic paperwork. Our office hosts a weekly divorce seminar on Mondays and Wednesdays at 0930 and Thursdays at 1400. The Legal Assistance Office at Schofield Barracks also hosts divorce briefings. The Honolulu Family Court holds monthly divorce law seminars. For Family Court seminars please call (808) 954-8290.

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Where can I get help with a military divorce?

You’ve come to the right place. Divorce involving a military spouse can be more complicated than divorce for civilians, an experienced military divorce attorney can help. Use FindLaw to hire a local military divorce lawyer to work with you on issues like community property division, debt allocation, military retirement plan divisions, military benefit divisions, child custody and …

Can a military member request a stay in a divorce?

Military Divorce Attorneys. Because a military divorce may have special issues, it’s important that you contact a military divorce attorney in these cases; that is to say, a divorce attorney who specializes in military divorces. Military divorce attorneys can help you navigate the world of military divorce and help you get an equitable settlement.

How do I get my ex wife out of the military?

Jun 19, 2018 · Military divorces can be quite complex and may require the assistance of a professional. You may wish to hire a divorce lawyer in your area if you need guidance or representation for your claim. A lawyer can provide you with advice and research during the entire legal process. Jose Rivera. Managing Editor.

How are military pensions divided in divorce?

A military divorce involves unique legal issues that are unlike those facing people outside of the military. There is help available. Some private attorneys specialize in these issues. While the military legal assistance lawyers on military bases cannot represent you in a divorce, they can advise you about these issues.

Can the military help me with divorce?

Free military legal assistance services are available to service members and families through the installation legal assistance office. Services can include: ... Advice on legal issues, including divorce and child custody, income taxes, the Servicemembers Civil Relief Act and wills.Sep 16, 2021

How divorce works in the military?

The Federal Service Members Civil Relief Act of 2003 requires a person seeking a divorce to state their spouse is not a member of the U.S. armed forces. This rule prevents spouses from divorcing military members who would be unable to attend divorce proceedings.

What does a military wife get in divorce?

For every other military spouse divorcee, there simply are no military benefits after divorce. Your benefits end the day your divorce is final. However, if you have children together, they will still qualify for military benefits, even if you haven't been married more than 20 years and even if you remarry.

What rights does a military spouse have?

The military benefits you're entitled to as a military spouse include, but aren't limited to: Housing or a housing allowance — This is an additional amount paid to service members instead of providing quarters. If your spouse abandoned your family, you should be entitled to a portion of this allowance.Apr 7, 2020

What happens if a military spouse cheats?

The maximum punishment for adultery, defined in the Uniform Code of Military Justice as Extramarital Sexual Conduct is a dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to a year.

What happens when you divorce a military man?

Effect of divorce on military benefits You may retain your identification card and continue to receive your commissary, exchange and health care benefits until your divorce is final regardless of whether you meet the 20/20/20 rule.Mar 26, 2020

Do I have to give my wife Bah money if we are separated?

AR 608-99 ensures a Soldier's Family receives proper care and financial support as required. For example, if a Soldier is separated from his or her spouse, the full amount of Basic Allowance for Housing Type II would be paid to the spouse and children.Mar 5, 2009

Does my ex wife get half my military retirement?

No, there is no Federal law that automatically entitles a former spouse to a portion of a member's military retired pay. A former spouse must have been awarded a portion of a member's military retired pay in a State court order.

How long do you have to be married to get half of his military retirement?

10 yearsHowever, in order for the Department of Defense to make direct payments of a military member's retired pay to the former spouse, the former spouse must have been married to the military member for a period of at least 10 years, with at least 10 years of the marriage overlapping a period of military service creditable ...

How do I report an adultery soldier?

You may also contact your chain of command or law enforcement (military or civilian), however if you do, an investigation will occur and you will not have the option of making a Restricted Report. You can also contact the Military One Source Hotline, 24-hours-a-day at 800-342-9647.Jan 2, 2020

What are the benefits of a military wife?

Many military benefits and resources are available to spouses.Access to commissaries and exchanges.Free gyms, libraries and other recreation opportunities.Free tax services.Free, confidential non-medical counseling services.Help with education and career goals.Military discounts.Aug 29, 2019

What is the 10 10 Rule military?

In this case, “10/10” refers to the length of time the couple must be married in order for the ex-spouse to be eligible for this, and the service member must serve a minimum of 10 years of military service to be “eligible” under this rule. 10 years of marriage, 10 years of service = 10/10.

How can a Military Lawyer Help my Claim?

Military lawyers will have specialized knowledge of the various family law issues and hurdles that couples face in such situations. While they may not always be military personnel themselves, they will have experience in dealing with the types of matters that are common in a military divorce situation.

Do I Need a Lawyer for Help with a Military Divorce Claim?

Military divorces can be quite complex and may require the assistance of a professional. You may wish to hire a divorce lawyer in your area if you need guidance or representation for your claim. A lawyer can provide you with advice and research during the entire legal process.

What happens when a military divorces?

Understanding the complex issues in a military divorce will lead to better decisions and fairer outcomes. This article highlights some of the most common issues. Remember, a military divorce is not exactly like other divorces; it involves additional legal issues.

How long do you have to live in the state to file for divorce?

This means that the person starting the divorce usually files in the state where they live, if they've lived there for at least 6 months. Before choosing where to start the divorce, it’s important to know how that state handles the division of military pensions.

Can a military pension be divided in divorce?

This federal law says that the state of legal residence of the military member always has the power to divide the military pension in a divorce. So if you file for divorce in a state that is not the military member's state of legal residence, then the court may not have the authority to divide the pension. (Note: The military member can still ...

What is a stay in court?

The SCRA allows active-duty service members to request a “stay” (that is, to delay the proceedings) a divorce or other claims (such as spousal support, custody, child support, property division, and military division) if their duties prevent them from participating in or responding to the court action.

How long can you stay in court for divorce?

The initial “stay” is for at least 90 days. The court can grant extensions after 90 days, but one can’t postpone the divorce forever. The purpose of the "stay" is to delay the court action as long as the military member's duties interfere with their participation.

What is the 20/20/20 rule?

This is sometimes called the "20/20/20 rule" (20 years of marriage, 20 years of service, and 20 years of overlap). If the 20/20/20 rule has almost been reached, this could be a good reason to ask the court to hold off finalizing the divorce until the 20/20/20 rule is met.

How long does it take for a spouse to respond to a divorce?

Generally, when one spouse "serves" divorce papers on the other spouse, the responding spouse must file a formal response, or “answer,” within a specific number of days. Then the court goes forward with scheduling the next steps in the divorce (such as mediation and/or hearings before the court).