Need a Military Divorce Lawyer in Carmel?
Our Firm Brings Years of Insight & Compassionate Counsel
If you are in the military or your spouse is currently serving, there are several special considerations that you should keep in mind when pursuing a divorce. Unfortunately, the long separation and taxation of military service can often lead to marital dissolution. However, most states have laws on residency and other requirements that could make it difficult for military spouses to file under regular divorce laws. That is why there is unique laws that help govern these types of divorces.
There will inevitably be some complications in a military divorce, just as there are in any regular divorce. Some problems are more common in military divorces, such as parenting time agreements and division of military benefits. Servicemembers may be awarded custody or certain visitation rights, only to be deployed shortly after. They must then chose to entrust the custody of the child with a grandparent, stepparent, or even the legal parent. These situations can quickly become heated and contentious, requiring the skillful intervention of a trusted Carmel divorce lawyer. That is where HOLLINGSWORTH ROBERTS MEANS comes in. We are here to provide the support, protection, and guidance you need!
What are military family care plans?
When a military couple decides to get a divorce, their specific military branch may have protocol or offer assistance with creating a family care plan. These plans are designed to help servicemembers plan out how they will provide care for their children during their absence in cases where they have been awarded some type of custody. They can also include information on the location of crucial documents, such as a child’s birth certificate, any wills that are in place, and other legal paperwork that could be required in case of emergency.
It is often advised that a military member retain legal counsel during this planning process. There may be various issues that an individual did not account for when first going over there plan, which is why having an experienced advocate can be so beneficial.
Understanding the Servicemembers Civil Relief Act & Uniformed Services Former Spouses Protection Act
For servicemembers that are served with divorce papers or face other family law issues, there are specific protections provided under the Servicemembers Civil Relief Act (SCRA). This act helps to safeguard the legal interest of the servicemember, especially in the case of lawsuits. In divorces, if the legal proceedings will distract the servicemember, they may request a stay of the action, delaying it for up to 60 days after they have been on active duty. This is a discretionary option that the court will rule on and is not always guaranteed.
Under the Uniformed Services Former Spouses' Protection Act (USFSPA), spouses of military members are afforded certain benefits and protections that regular civilians are not entitled to. This can include the division of military retired pay, disability benefits, and other matters.
Hire Our Skilled Hamilton County Divorce Attorneys
The Carmel family law attorneys and staff at HOLLINGSWORTH ROBERTS MEANS have come to understand that even significant geographic distance between ourselves and our military clients is largely irrelevant. Our lawyers have worked successfully with military clients all over the world.
We have proudly worked with members of the armed forces or their spouses in Saudi Arabia, Iraq, Kuwait, Germany, Afghanistan, Japan, South Korea, Guam, and other areas. Our team is dedicated to providing outstanding legal services to our military clients. We can serve your needs, regardless of where you currently reside. We know how daunting family law problems can sometimes be and do whatever we can to make sure that your experience with us is a positive and successful one.
Ready to discuss your military divorce? Contact our family law firm in Carmel today to set up a consultation!