Do I Need a Special Attorney for a Military Divorce?

Military divorces are not entirely dissimilar from civilian divorces. The end result is the same and issues like asset and property division, child custody, and alimony come into play, but the military has several of its own unique rules that can make the process slightly more complicated, depending on the specific circumstances of a couple. You are certainly not required to hire a special attorney, but it would be beneficial to hire one who has experience in handling such cases and understands the complications that could potentially be involved.

Will the Military Give Me an Attorney?

Every military branch has legal assistance attorneys located on most bases, but they generally cannot offer you any representation in your divorce. They can answer some questions, write letters for you, and review certain legal documents, but the services they provide are extremely limited in comparison to what you would receive from hiring your own private attorney. Additionally, the legal assistance attorneys can provide help regardless if the filing spouse is a service member or not, though having a civilian attorney with experience in handling these types of cases is typically the best course of action.

Do Service Members Slow Down the Divorce?

If one or both spouses serve in the military, it is possible for a divorce to take more time if one of them is on active duty and unable to get served the divorce papers, respond to the petition, or attend important court dates. The court allows for an initial stay that grants the active duty spouse a 90-day extension, which can continue to be extended, if necessary. Of course, the court will not grant this stay if it appears unnecessary, or if they believe the military member is abusing this extension.

For more information regarding military divorces and for the effective guidance you need to navigate your situation, reach out to a divorce attorney with experience in handling such cases.

Military Divorce Attorney in New Port Richey

If you or your spouse is in the military and you are seeking a divorce, you might run into some complications that are unique to military divorces. At Dale L. Bernstein Chartered Law Office, our family law attorney in New Port Richey is experienced in handling such cases and understands the special rules and laws that govern these types of divorces and will use this knowledge to your advantage.

Call our office today at (727) 312-1112 to schedule your initial consultation and learn more about your options.

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