Why is there a special category for military divorce attorneys on our site? State law and local procedures govern divorce, but there are some Michigan state laws combined with military regulations that may apply to your divorce, and could complicate matters. For this reason having a good divorce attorney with experience in military divorces is important to protect everyone involved.
Military members are normally seeking advice on legal issues such as divorce and child custody, income taxes, and special regulations known as the Service members Civil Relief Act.
Military members and their family also have access to legal advice at no cost through the installation legal assistance offices. However, it is important to note that a specific legal assistance attorney can only offer guidance to either the service member or the spouse, in order to avoid any potential conflict of interest. Depending on service branch, the other married individual can see either another attorney in the same or different location. Legal assistance attorneys do not represent clients in court.
The Service members Civil Relief Act looks after service members’ legal rights when they are on active duty. In a traditional divorce one spouse serves divorce papers, the soon to be ex-spouse has to respond in a certain time period. Active duty military receive additional protections under the Act that include:
Military members can often get help from a legal representative on their base, but military attorneys cannot represent you in family law court. That’s why relying on the advice and counsel of a civilian military divorce lawyer to guide them through the divorce.
For divorce or legal separation situations that require representation in civil court or involve contested issues such as child custody, spousal/child support or division of assets like retirement pay, you’ll want to consult with an attorney in the private sector with experience in the military divorce process.
There can be additional issues if a divorce is initiated. U.S. courts may not recognize a foreign divorce. It’s usually best to file in the United States. Divorce laws allow service members and their spouses to file for divorce in either the state where the service member is currently stationed, the state where the service member claims legal residency or the state where the non-military spouse resides
If you or your spouse are an active duty military member considering divorce you should seek out the advice of your military council and then proceed to seek out a trained military divorce attorney.
If you are in need of a military divorce and aren’t sure how to navigate some of the trickier elements of the process we can help. Let our trained team of lawyers handle your military divorce by contacting us today.