How to Choose the Right Military Divorce Lawyer?

How to Choose the Right Military Divorce Lawyer?

You need to look for a few things in a military divorce lawyer before you make a decision. One of the most important things to look for is a lawyer’s experience and expertise in military divorce. Before you set up a consultation, do your research to ensure that the attorney you hire has the relevant expertise. 

The Time Frame For Obtaining A Military Divorce Lawyer

When you’re in the military, you might be wondering if you need a military divorce lawyer. If you’re considering divorce but are unsure of what state to file in, here are some things to keep in mind. In Texas, for example, a spouse must be living in the state for at least 90 days before they can file for divorce. This can be a problem if your spouse is in the military and moves frequently. Fortunately, you can request a stay in divorce proceedings. However, a stay of divorce can’t delay a divorce forever.

In addition to knowing how to get the divorce process started, you also need to get the divorce paperwork served to your spouse. Your commanding officer will usually do this, but if your spouse is overseas, it may take a while to reach them. Getting a divorce lawyer such as the seasoned divorce military spouses lawyer Virginia Beach, VA, can help you navigate the process and achieve the best possible outcome for you and your family.

It is vital to get a lawyer experienced in military divorces. It can be a complex process, especially if both of you have children. If you’re unsure how to proceed, a military divorce lawyer can help you navigate the process and get your spouse to sign the necessary papers.

Issues About VA Compensation And Disability Pay

The Uniformed Services Former Spouses’ Protection Act governs military divorces. Under this Act, former spouses are entitled to half of their spouse’s disposable retired pay. However, the USFSPA does not provide for the division of VA compensation or military retirement benefits. It also does not provide for Concurrent Retirement and Disability Pay.

The Department of Veterans Affairs (VA) is not a law enforcement agency like the Department of Justice, the Secret Service, or the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE). They do not have the manpower or statutory authority to get involved in divorce cases. When choosing a military divorce lawyer, ensure the lawyer knows how to handle issues related to VA compensation and disability pay. These issues can be complicated, but an intelligent attorney knows how to handle them. In many cases, the VA may garnish your former spouse’s disability payments if the former spouse doesn’t pay up. If you have retired, your pension may have to be adjusted for the increased disability payments. But the VA will review your other income sources and your children’s unique needs. In some cases, the veteran spouse may be entitled to indemnification payments. If there is a court order or agreement governing the dissolution of the marriage, the veteran spouse may be entitled to these payments.

By John Toroff
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