The military lifestyle requires frequent relocations, which leads to long deployments of divorce cases. For this reason, military divorce requires reputed lawyers to handle the cases with great expertise. Often one of the military couples is unemployed and needs spousal support after the divorce. An experienced lawyer can handle all such issues while assisting the client. Military or any type of divorce falls under family disputes, and therefore, the lawyer may also specialize in the family lawsuit. Most divorce law firms provide family disputes and divorce consultations to their clients.
Before choosing a divorce lawyer who assists military families, one should know the various aspects of family law and divorce. It will help the person to understand which practice areas the person should look for while finding a reputed divorce lawyer.
- What is Family Law?
Law is a vast subject that has numerous areas of specialization. Family law is a body of law that regulates family relationships. In other words, it is a body of law that involves legal matters that impact families. Since family laws impact the most intimate relationships, the lawyers who specialize in this area know how to maintain a compassionate and polite approach to their clients during a consultation.
Family law may include marriage and divorce, the treatment of children, and related economic matters. It may involve people who are related by blood, marriage, or adoption. When a person meets a family law attorney, the attorney asks various questions to understand the situation the person is facing. Based on it, the lawyer tries to find out the best legal steps to proceed with the case.
- Types of Military Family Law Issues:
Here are five common types of family law issues among military families.
- Divorce or Dissolution of Marriage: For many people, ending a marriage is not easy. It gets even more difficult when the person has small children. However, if anyone feels that the marriage is not working, the person can seek legal help from a divorce lawyer. The steps of divorce are not always difficult when an experienced lawyer is representing a client. There are methods such as meditation, collaboration, and uncontested divorce, which are comparatively easier.
- The divorce law varies in different states in the USA. Based on the law, the process also may differ. It is also evident in cases of military divorce. The initial phase of a divorce revolves around a petition. It is a contract that includes information about marriage. The name of the partners, their children, and details about the properties and custody are some information that a petition. Usually, one spouse sends the petition to another under the supervision of a divorce attorney. In the second phase, the attorney files the petition in a state court. If the spouses are ready to divorce, the case can be solved outside of the court. If any of the spouses disagree, the case continues. The role of a divorce attorney is vital in these phases.
- Child Custody and Visitation: During the legal separation or divorce, the spouses get to know who will be the custodial parent. Usually, the court designates and announces the custodial parent. The custodial parent is the parent with whom the child will primarily reside after divorce. The non-custodial parent can have the child for a specific period, which is named visitation. In some cases, the court may order joint custody, which means that both parents will have the children for an equal amount of time.
- An attorney can help the client understand which child custody and visitation options are available for the person. The attorney also helps the client to plan the best parenting arrangement for the children. Once the client approves the plan, the attorney begins to prepare a concise written argument for filing and presentation to the judge.
- Child Support: Based on the financial conditions of the spouses, the court determines each parent’s financial responsibility for the children. The court also sets the amount of money that the responsible parent should pay to the other. In most cases, the parent who earns more money has to pay the other parent to help equalize their financial contributions towards the needs of the children. During a divorce case, the spouses should admit that they both retain moral obligations to support their children financially. Based on a client’s circumstances, a military divorce attorney gives the person an idea of the standard amounts for child support.
- Adoption: Some divorce cases are more complex than others. Adoption is a divorce law that is implemented in most critical divorce cases. When a biological parent is unsuitable to provide for the needs of the child, the court can terminate parental rights. Sometimes, a parent voluntarily gives up rights to the children. In all such cases, adoption and foster care are the solutions. It is a process in which the court assigns new parents to take over parental responsibilities for caring for the needs of a child.
- Other Family Law Issues: Any sort of dispute within a family may lead to legal proceedings. Most Americans are faced with one family issue at some point in their life. While some issues are negligible, some are vital. One common aspect of all family issues is that they are personal and very often emotional. Only a knowledgeable and compassionate family law attorney can handle family issues with expertise.
Anyone looking for a divorce attorney may either search online for family law firms or ask friends for recommendations. Word of mouth plays a vital role in choosing services as it helps a person to know about the service provider from people’s personal experiences. Also, one can check the area of specialization of an attorney before seeking consultation. The most common types of family law issues are explained above. Child custody, visitation, and child support are common in divorce cases where children are involved. Overall, the above five issues are common in military divorce as well.