Military Divorce Lawyer, Fairborn Ohio

by Nov 10, 2023Divorce0 comments

Navigating Your Path with a Military Divorce Lawyer in Fairborn, Ohio

Going through a divorce can be a challenging process, and it becomes even more complicated when it involves military personnel. With Wright-Patterson Air Force base – Ohio’s largest single-site employer – located in Fairborn, Ohio, Fairborn and the surrounding communities are home to a great number of military personnel. If you or your spouse are military personnel living in Fairborn, Ohio, competent guidance from a dedicated military divorce lawyer is essential.

Understanding the Unique Aspects of Military Divorce

The process of a military divorce can be quite different compared to a traditional civilian one. Military families facing divorce should seek sound legal counsel from an experienced military divorce lawyer who understands the specific nuances of military law, federal laws, and how they intersect with family law. Navigating the complexities of this process can be challenging, especially when dealing with issues such as child custody, child support, and spousal support.

Are You or Your Spouse On Active Duty?

One of the most critical factors in a military divorce is the active duty status of the military member. The Servicemembers Civil Relief Act (SCRA) provides protections that may prevent active duty military members from being held in “default” for failing to respond to a divorce action. As a divorce attorney experienced with military divorce will confirm, this federal law prevents active duty members from being divorced while overseas and therefore unable to attend court proceedings.

Active duty status can also significantly impact the entire divorce process. Particularly, if you’re an active duty member, you should consult family law practitioners experienced in military divorce. They understand the impact of active duty status better than regular divorce attorneys. For example, where filing should occur and issues surrounding military retirement benefits must be handled with care.

Some Key Differences about Military Divorce

Military Parents and Child Custody

When it comes to child custody and support, military families face unique challenges. Continuous deployment, distance, and the unpredictable nature of military life can make establishing a viable custody agreement troubling for service members. Who should be the primary custodian? What happens to the custody arrangement when a service member is deployed?

Military divorce lawyers with a specialization in family law can offer tailored guidance in such cases. They understand the unique federal laws applicable to military divorce, and their knowledge is paramount for active military members seeking a fair custody agreement. It is highly advisable to consult with a lawyer when dealing with such sensitive issues.

Military Parents and Child Support

Another common challenge in military divorce is calculating child support. Military pay includes various allowances, bonuses, and benefits, which can be complex when determining child support payments. How does one estimate adequate child support when part of a military member’s income includes non-taxable allowances? Naturally, a military divorce lawyer is the best resource to provide clarity on this issue.

On the plus side, federal laws are explicit about child support in the case of military divorce. For instance, disposable retired pay can be used when calculating child support, but disability pay is exempt. Given this, it is essential to seek legal advice to ensure accurate child support calculations.

How Military Pension And Other Benefits Are Treated

One of the most contentious points in any military divorce is how to divide military pensions and other benefits. Federal laws provide guidelines on dividing military pensions, but the final decision is typically up to the state court. Other military benefits at stake could involve health care, Commissary and Exchange privileges, and Survivor Benefit Plan benefits. Distinguishing between military retirement and VA disability is also crucial in a military divorce. Partnering with a seasoned family law firm that understands these intricacies is vital to current or former military members seeking divorce.

Help for Spouses of Service Members

Military spouses should seek legal advice from experts who are well-versed in both military and family law, as they can provide the much-needed perspective and balance to navigate this difficult period. Dealing with the intricacies of military law, entitlement to military retirement benefits, eligibility for commissary and health benefits, and spousal support are just a few of the hurdles to overcome. It is here that the expertise of a military divorce lawyer becomes indispensable.

How We Can Help You

Whether you are the military member, the spouse, or in a marriage where both partners are military, our family lawyers are experienced in the intricacies of military divorce. It is imperative that you work with an attorney who understands the intersection of federal, state and civil laws as they pertain to military divorce proceedings. It’s complicated, but we’ll make sure you understand the “why” behind every decision that is being made, and what options you may – or may not – have.

Schedule Your Free Consultation

Let’s start the conversation. Schedule a free consultation with one of the experienced military divorce experts at Kirkland & Sommers in either our Fairborn or Beavercreek locations, and get some basic information. Find out which laws will impact you and your unique situation, and we can discuss where you go from here. Remember, while a divorce is an ending of a marriage, it’s also the beginning of the rest of your life. Don’t trust it to just anyone. Speak to the experts at Kirkland & Sommers.