In short, it’s a divorce where at least one party is active or retired military personnel. The procedure for a military divorce is the same as for other divorce proceedings, except that there are specific components that attorneys need to understand in order to best serve their clients.
For example, it is important for the lawyer to understand jurisdiction over servicemembers, the unique rules which govern the division of military retirements, impact of deployment on parenting, when combat related special compensation is divisible, identification cards and access to military benefits.
The biggest issue when it comes to a divorce within a military family is whether the state has the authority to grant a divorce. Because military families move around a lot, this issue comes up frequently, as jurisdiction may not be as apparent.
In order for a state to be able to grant a divorce, it must have both subject-matter jurisdiction, which means that a particular state is the appropriate one to hear the case, and personal jurisdiction meaning it has the power over the parties to the case.
Our firm understands that the divorce proceedings are hard enough as it is, so it is important to us to be able to ease our clients’ fears. We have helped many service families in several different types of matters and if we cannot provide the legal services you need, we will hopefully be able to refer you to a specialist who can.
If you need assistance in your matter, contact us today for a confidential consultation! We can be reached here, at 203.745.3151, or info@wolfandshorelaw.com.
