Military Divorce Lawyers

Where Can I Find Military Divorce Lawyers In Sunnyvale, Ca?

New postby Blair » 27 Oct 2012, 03:22

Where can i find military divorce lawyers in sunnyvale, ca? Where can i find military divorce lawyers in sunnyvale, ca?
Blair
 
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New postby Jenette » 27 Oct 2012, 03:22

There really is no military divorce. Your divorce will be handled in a civil court, not a military court.

It's a good idea to have a lawyer that is familiar with military benefits, but that is easily researched.

Find the best lawyer, period.
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I'm trying to find a military divorce lawyer for my...

New postby Rolanda » 27 Oct 2012, 03:22

I'm trying to find a military divorce lawyer for my friend. Do you know one?

My friend Evelyn has been married for a little over two years and she needs a great divorce lawyer due to domestic violence. I would appreciate if you can help me help her. Thank you.
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New postby Kisha » 27 Oct 2012, 03:22

I'm not sure what you mean by a 'military' divorce lawyer... any good divorce lawyer should be able to help her. The rules for divorce of active military are pretty much set in stone.
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Need a good divorce Lawyer for retired Military in the...

New postby Annabelle » 27 Oct 2012, 03:22

Need a good divorce Lawyer for retired Military in the Hampton Roads area (Norfolk)?

Is all of your posted retirement pay community property during a divorce. If part of it is VA exempt with CRDP, This is for Virginia.
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New postby Elvia » 27 Oct 2012, 03:22

It depends on how long you guys have been married. I had a decent lawyer in Chesapeake, but I'm sure that the lawyers around here are well versed in the rights of a divorcee to retirement pay , etc. Good luck!
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Reccomend a good divorce lawyer specializing in military...

New postby Will » 27 Oct 2012, 03:22

Reccomend a good divorce lawyer specializing in military in chattanooga ten area? Reccomend a good divorce lawyer specializing in military in chattanooga ten area?
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New postby Bruna » 27 Oct 2012, 03:22

Ok my husband is retired Army and is also our counties Veterans Affairs officer. I ran the question by him just now and he suggests contacting your local VA office or you can contact him at his office and he may be able to give you some information or advice. His office number is 423-626-9802 and his name is Scott. Good luck and God bless
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Can someone recommend a good divorce lawyer in Philly? I...

New postby Freddie » 27 Oct 2012, 03:22

Can someone recommend a good divorce lawyer in Philly? I prefer one who is an expert in military law.?
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New postby Shara » 27 Oct 2012, 03:22

The website below appears to have attorneys who specialize in military dealings.
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I need a great low cost military lawyer in chicago IL for...

New postby Dagny » 27 Oct 2012, 03:22

I need a great low cost military lawyer in chicago IL for a divorce. any suggestions?

He never gave me housing or marital or out of country tax pay and now we need to get a divorce but i dont know where to go to get a good lawyer who will help me
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New postby Chere » 27 Oct 2012, 03:22

JAG cannot get involved with civilian matters. You need a civilain lawyer versed in military law.

By UCMJ, the SM is required ONLY to give the difference between Single and Dependant BAH. They are not required to Give FSH and no other pays or allowances are for having dependants. The SM cannot be forced to give anything over and the the BAH differential without a court order for child support. Alimony will depend on the state's divorce laws.
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Who knows of a lawyer who can help a military wife with no..

New postby Jermaine » 27 Oct 2012, 03:22

Who knows of a lawyer who can help a military wife with no income divorce her adultry husband who continues? Who knows of a lawyer who can help a military wife with no income divorce her adultry husband who continues?
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New postby Tonisha » 27 Oct 2012, 03:22

Don't get a lawyer. Contact the military's JAG office, from his base. There should be a contact number for the legal offices, if you have a base registery/phone book.

By doing so, you force the military to recognize the situation. It also means he will be unable to use that legal office for his defense. This is critical. It'll force him to get a defense lawyer, and against the military, very few have any success.

My personal experience is from the opposite side of this. I was in the military, and my wife was cheating on me. She went to the legal offices, and completely ruined my finances, credit, and almost had me thrown in the brig, under false claims. Simply because she went to the lawyers first.

So, it should work just fine for you.
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Im in the military.can i get a divorce with out having to...

New postby Alejandrina » 27 Oct 2012, 03:22

Im in the military.can i get a divorce with out having to get a lawyer?

We haVE 1 CHILD TOGETHER
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New postby Dodie » 27 Oct 2012, 03:22

Hi,I work in JAG for the Army. .

You have to go to court to get a divorce, and you will probably need a private attorney too. Although you are not legally required to have an attorney, it is sometimes difficult to get a divorce without one. Even though a legal assistance attorney usually cannot go to court for you, he or she may still advise you about the issues and procedures in your case and prepare a separation agreement for you and your spouse to sign, if appropriate.

You can’t just file for divorce anywhere. A valid and legal divorce can only be granted in the "home state" or domicile of either the husband or the wife. This means the true legal home of one of the marriage partners. It is the place where a partner can vote, pays income taxes and qualifies for in-state college tuition. It does not necessarily mean the same thing as a military "home of record." You will have to hire a lawyer in that place (state or country) to start the divorce proceedings.

Also, don't rush anything if you are doing the overlap (have new person you trying to hook up with.I say this because it is common with military females. Like 80% common.) thing. Take your time. I am going to send your links. They have some lawyers are who are use to working with military personnel throught the states and normally cheaper.

Finally, GO TO YOUR LEAL ASSISTANCE OFFICE! If you don't know where it is or can't find it, then me know here in this forum. They will be able to answer all your quetions. You can do a separation in the mean time to give yourself some breathing room till you get divorce also. All free of charge. As for a divorce, we don't do 'em. That would 70% of our work load in JAG. Seriously.

update, since you said got a child:


WHAT TYPES OF CHILD CUSTODY ARE THERE?

There are two basic types of child custody. They are (1) sole custody, and (2) joint custody. Each type has advantages and disadvantages. The following discussion summarizes both:

SOLE CUSTODY:

Usually a court will award custody to one of the divorced or separated parents. In the past, courts have generally considered the mother to be the more desirable parent to have the care and control of the minor child. But this is changing, and more and more custodial parents are fathers.

There is no longer an automatic preference for the mother. The courts follow the guideline of what is in the “best interest of the child.”

The clear advantage of sole custody is the fact that one parent can exercise full control over the living situation and upbringing of the minor child(ren). While this may not always be fair to the other parent, it does permit the custodial parent to make the final decision regarding the needs of the child.

JOINT CUSTODY:

The modern trend in child custody law is to award joint custody of the minor child(ren) to both parents. Joint Custody can mean several things. In some cases, it refers to an equal division of time for the child between the mother and father. This is usually called joint physical custody.

Joint custody can also mean shared decision-making. This refers to the major choices for a child, such as elective surgery, private school and choice of religion. This is known as joint legal custody.

The courts take a very close look at requests for joint custody. A court must be satisfied that the parents fully understand the implications of joint custody and have also agreed to a workable plan that takes into consideration the “best interest of the child(ren).”

Parents who are considering joint custody must be able to cooperate and communicate with each other. The welfare of the child cannot be compromised by any feelings the parents may have toward one anther. In fact, if the court detects that ill feelings do exist between the parents, it “will probably not award joint custody.



WHAT FACTORS DO THE COURTS CONSIDER IN GRANTING CUSTODY?

Most courts usually look at who has taken primary care of the child(ren) during the marriage (for example washing, feeding and clothing the child, or helping the child with homework), who has the best approach to discipline, who has cared for the child since the separation, the parents’ work schedules, and how each parent can provide for the physical, emotional, educational, religious and social needs of the child.

CAN A LEGAL ASSISTANT ATTORNEY OBTAIN A COURT DECREE FOR CUSTODY?

No. You will need to retain a civilian attorney for the preparation of the documents and the court appearance. A Legal Assistance Attorney may be able to locate and/or refer you to a civilian attorney if necessary.

CAN THE COURT AWARD ATTORNEY FEES IN A CUSTODY CASE?

Courts in some states may, but are not required to, award reasonable attorney fees as part of the custody order. However, the person asking for attorney fees must be acting in good faith and be unable to afford the legal expenses of the lawsuit.

IN WHAT COURT DO I HAVE TO FILE FOR CUSTODY?

In most cases the lawsuit for custody must be filed in the “home state” of the child, which is where the child has lived for the last six months (except for temporary absences). If no state meets this definition, then a state which has substantial contacts with the child’s past, present or future care may accept the case for filing.

CAN A CUSTODY ORDER BE CHANGED?

Yes. No custody order is ever “permanent.” However, unless the custodial parent gives up custody voluntarily, the court will normally change the custody order only if there is a substantial change in circumstances since the time it entered the prior order. Usually the party wanting custody must prove that the change has a direct and adverse effect on the child.


Anyway, here are the links:

State Divorce Law sites:
http://www.law.cornell.edu/topics/state ... tml#family, Cornell’s link collection of state family law statutes online
http://www.divorcesource.com/info/divor ... ates.shtml, state divorce law
Divorce General Information sites:
http://www.aaml.org/Manual.htm, American Academy of Matrimonial Lawyers, Divorce Manual: A Client Handbook – “roadmap of divorce process.” 2 Apr 01
http://travel.state.gov/acs.html, Marriage/Divorce Abroad of US Citizens
http://www.divorcenet.com/index.html Divorce Net Family Law Advice on Divorce
http://www.divorcehelp.com
http://www.divorceinfo.com
www.militarydivorceonline.com

If know I wrote alot, but divorce is the worse next to death to happen to most people. Get some help pronto. Good luck and Army Strong!
Dodie
 
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