Decision About DivorceIf you are one of the more than 1.3 million active duty[1] American military personnel stationed around the world, or if you are married to someone who is, there are family and divorce issues that are specific to military families that do not apply to a civilian marriage.  When one spouse is an active service member it affects where a divorce can be filed, how support is calculated, pension rights and other benefits.

Filing for a Virginia Military Divorce

In order to start the divorce process, it is necessary to first determine where the Petition should be filed.  The court that grants a divorce must have something known as “jurisdiction” over both you and your spouse.  In most instances, you will file for divorce in a state where the military spouse is living or is a resident, or perhaps in a state that you and your spouse both agree for the filing.  An experienced Arlington military divorce attorney can explain your options in greater detail and determine the appropriate place for filing.

Support for Arlington Children and Spouses

As with civilian families, service members are legally required to support their children.  The Department of Defense[2] requires that service members comply with support, custody, and visitation orders.  The military even provides for sanctions, including punishment as severe as separation from the military, if a service member fails to pay support.  In a military divorce, there are often times issues concerning the enforcement of support orders when the service member is deployed as well as the modification of support agreements.

Military Pension Rights After an Arlington Divorce

At its core, the military is an employer that provides employment benefits to its employees including medical benefits, pension benefits and life insurance.  All of the employment benefits are subject to division at the time of your divorce but with very specific rules and regulations that apply only to military personnel.  Only an Arlington military divorce attorney can explain all of the rules that might apply to the division of benefits on behalf of your family

Contact an Arlington Military Divorce Attorney

If you and your spouse are having a difficult time in your marriage and you are contemplating getting divorced, or if your spouse has already filed for divorce, it is important to speak to an experienced Arlington military divorce lawyer as soon as possible.  A Virginia military divorce has many different deadlines and intricacies that do not apply to a civilian divorce and only a skilled military divorce attorney can explain these differences and best protect your interests.  Call The Law Office of Raymond B. Benzinger P.C. today at (703) 383-1362.

References:

[1] http://www.defense.gov/News/News-Releases/News-Release-View/Article/652687/department-of-defense-dod-releases-fiscal-year-2017-presidents-budget-proposal
[2] http://www.dfas.mil/garnishment.html

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