Emotional soldier saying goodbye to his daughter before going to war

Do I Need an Attorney for a Military Divorce?

If you or your spouse is in the military and you are getting a divorce, you may be wondering if you need an attorney. The answer to this question depends on many factors, including the laws of your state, the nature of your divorce, and your own personal preferences.

In general, however, it is always a good idea to consult with an attorney before proceeding with any legal action. An attorney can help you understand the law and ensure that all of your rights are protected.

Military Divorces May Be More Complex

A divorce that includes a party who is an active member of the military may be more complex than a typical divorce. The military has its own set of rules and regulations that must be followed. For example, the Service Members Civil Relief Act (SCRA) provides protections for active duty service members, such as postponing civil proceedings and protecting against eviction. In addition, special considerations must be made for dividing military pensions and other benefits. As a result, it is important to seek an experienced attorney familiar with military divorce law. With their help, you can ensure that your divorce is handled smoothly and efficiently.

Why Do I Need an Attorney?

While getting a military divorce without hiring an attorney is possible, there are definitely some benefits to having legal representation. One of the biggest advantages is that an experienced military divorce attorney will be familiar with the nuances of the process, which can save you a lot of time and frustration. They will also be able to negotiate on your behalf with your spouse's attorney and help you get the best possible outcome for your situation.

What Should I Consider if I’m in the Military and Get a Divorce?

For many people, the process of getting divorced can be a very stressful and emotional time. However, it is important to remember that if you are in the military, certain procedural protections are in place that can help make the process a bit easier.

While state courts will oversee the divorce, it is important to realize that there are three laws that will come into play with a military divorce, the Service Members' Civil Relief Act, the Uniformed Services Former Spouses' Protection Act, and the Hague Convention on Service Abroad of Judicial and Extrajudicial Documents.

SCRA provides protections for servicemembers who are deployed or called to active duty, such as delaying divorce proceedings or setting aside default judgments. USFSPA allows for the division of military retirement pay in a divorce, and the Hague Convention ensures that service members can be served with divorce papers regardless of where they are stationed.

It's important to be aware of all three of these laws when getting divorced, as they can impact the divorce outcome. Military divorces can be complex, so it's advisable to seek out the advice of a qualified attorney who can help navigate the process.

If you or your spouse is in the military and you are considering a divorce, it is important to understand how this may affect the process. It is always advisable to at least consult with an attorney before proceeding so that you fully understand your rights and options under the law.

If you have questions about creating a military divorce, contact Chung & Ignacio, LLP today.