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Basics of a military divorce

When a couple has decided that their marriage will be ending in a divorce it can be an emotional rollercoaster. For military families there are certain special rules that apply to a divorce and mediation. It is important to take the time necessary to learn about the special issues that can be involved in a military divorce.

When a spouse is a military member, both state and federal laws govern the divorce. Active duty military members cannot begin divorce proceedings until at least 60 days after their active duty has ended. Military pensions and the court the couple wind up in may be governed by federal laws. State laws would cover alimony, child support and other property division issues. Many times military members have three options for where they can file for divorce. These include the state where the spouse filing for divorce lives, the state where the military member is stationed or the state where the military member has residency.

If a military family is considering a divorce it may be wise to speak with a legal professional skilled in family law. Because of the intricacies that can arise in a military divorce it is important to talk with someone who has experience. An attorney can help their client by guiding them through the division of military assets, property division, alimony, child support, and all other issues. An attorney can make sure their client emerges from the divorce ready to begin a new chapter in their life.

Ending a marriage is never easy, but when there are many legal complexities on top of the emotional turmoil, it may be beneficial to consider consulting an experienced professional to address the unique circumstances of military personnel. Special laws apply to military divorces so an attorney can be a valuable resource.

Source: findlaw.com, "Military divorce", accessed on May 9, 2016

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Attorney Christine K. Lincoln

Christine K. Lincoln offers sound counsel and legal services to protect clients and their families facing divorce and other family disputes.

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