Contrary to popular belief, the military does not have direct laws governing the divorce proceedings of military personnel. The expression "military divorce" is a phrase commonly used to describe the civil divorce proceedings involving at least one military spouse.
However, armed forces do have statutes detailing how retirement pay is to be divided, if an ex-spouse can continue to receive health insurance, and when and if an active-duty service member can be served during deployment. When you factor in that many basic family issues are more complicated for a military family, a divorce can be a very complex process.
At Shaw Law Firm, LLC, we are extensively experienced in handling military divorces. Our Mt Pleasant divorce attorney has an in-depth knowledge of the procedures that must be followed and the common difficulties that may arise. If you are serving in the armed forces and wish to divorce, we can provide the astute legal counsel you need to legally proceed.
We offer all clients an initial case consultation. Call today!
When active members of the military wish to divorce, the first question that must be answered is what state will have jurisdiction over the proceedings. This is an important decision because almost all the important issues, such as property division and child custody, will be governed by the statutes of that state.
In South Carolina, residents may file for divorce in our state if one of the spouses is a resident of or is currently stationed in the state. If the spouses are both active military members and are stationed at different bases, the matter can get exceedingly complicated.
Some military members who are stationed overseas may wish to file in the country they are located, due to the promises of a speedy and cost-effective resolution. However, it is important to note that the U.S. courts may not honor the terms of a foreign divorce, particularly in matters of a retirement pay division order.
If you are seeking to file for divorce in South Carolina, our experienced military divorce lawyer in Mt Pleasant can describe in detail how our state's laws will impact your proceedings. Shaw Law Firm, LLC can also provide the assertive representation you need if your spouse wishes to file elsewhere.
If you are a civilian divorcing a military spouse, you may feel it would be beneficial to move with your children back near your family or original state of residence.
If you are a military service member, you may wish to take your children with you if you are stationed at a new base out of state or even overseas. There are many reasons for wanting to relocate after a military divorce and any of these circumstances bring up complicated child custody issues, possibly modifying or enforcing court-approved parenting plans.
At Shaw Law Firm, LLC, we recognize the sacrifice and emotional toll concerning the relocation of military spouses and the impact it can have on child custody matters. We can provide the resolute advocacy you need to protect the well-being of your child.
The Uniformed Services Former Spouses' Protection Act (USFSPA) and the Servicemembers Civil Relief Act (SCRA) provide a wide range of protections for both military personnel and their former spouses. It is vital that military couples who are undergoing a divorce retain a lawyer in Mt Pleasant who is well versed in the provisions in each of these acts and how it impacts their proceedings.
We know these federal statutes can affect numerous aspects of a military divorce:
The breakup of a marriage is never easy, especially for military families. At Shaw Law Firm, LLC, we offer the skilled representation you need throughout every stage of your military divorce. If you have any concerns or questions about your divorce process, call our firm !
Our Mt Pleasant divorce attorney is honored to assist military clients at Charleston Naval Base and surrounding communities. Call to schedule your consultation.