Although divorce proceedings involving military personnel are subject to the same legal procedures as those involving civilians, there are some unique hurdles you may need to overcome. Gaining a basic understanding of this process will not only serve to expedite the proceedings, but also reduce the associated stress, confusion, and expenses. Below, a Boston, MA, divorce attorney from the Bellotti Law Group, PC, discusses some of the most important aspects of divorce in the military.
Where to File for Divorce
While civilians can usually file for divorce in the state in which they reside, military couples must file according to specific jurisdictional requirements. Specifically, military couples must file in the state where the military spouse is domiciled or a resident, or that both partners agree to.
Determining which state to file in can often prove difficult for military families, as residency may not be clear. Moreover, handling the process in the wrong court can have consequences with regard to property division and child custody. As such, it is highly recommended that military spouses consult with a seasoned divorce attorney as soon as possible to avoid unnecessary complications and delays.
Property Division, Support & Custody
The state court overseeing the case will determine how marital property and assets are divided. Keep in mind, however, there are special issues to consider when a military pension is involved. Hiring a divorce attorney with experience dividing this type of retirement pay is essential to ensure your rights are protected.
Like civilians, military personnel is also legally required to comply with all custody, support, and visitation orders. Failure to do so may result in harsh penalties, up to and including discharge from the service. The support amount a member is required to pay is determined by the state where the divorce is filed and is typically based on entitlements such as pay and basic allowances for food and housing.
If you need a seasoned military divorce attorney, turn to the trusted team at the Bellotti Law Group, PC. Serving Boston, Cambridge, and Quincy clients for over 25 years, their seasoned lawyers will provide your case with the focus, attention, and representation it deserves. Free consultations are available. Contact the firm online or call (617) 778-1000 for the Boston office, (617) 225-2100 for Cambridge, or (617) 328-2300 for Quincy.