Military divorce is often more complex than civilian divorce, and if you are a service member or the spouse of a service member who is looking to get divorced, you should not proceed without an experienced Pensacola military divorce lawyer on your side. Contact The Law Office of James M. Burns today to learn more about military divorce in Florida and Alabama and how our firm can help you.
Pensacola Military Divorce Lawyer | Here to Help You
Divorce is a difficult and trying time for anyone, even under the most ordinary circumstances. However, if you or your spouse is in the military, innumerable factors can make obtaining a divorce even more complex.
Because of your unique circumstances, it’s essential to have a divorce attorney who is well-acquainted with the laws regarding military divorces. Pensacola divorce lawyer James M. Burns has extensive experience helping individuals in Florida and Alabama with their military divorces and other family law matters. He will explain the legal issues of your case and guide you through the process from beginning to end.
Answers to Common Questions About Military Divorces
Some of the most common questions regarding military divorce in Florida and other jurisdictions include the following:
Where can I get divorced?
There may be up to three jurisdictions for your divorce: your legal residence, the legal residence of your spouse, or the state where the service member is stationed.
Will I have to deal with divorce while I am on active duty?
If you are on active duty, the court may delay your divorce proceeding for the duration of your active duty and for up to 60 days after you return from active duty.
How much support will I receive or have to pay?
Members of the military have a higher support obligation than civilians. Under federal law, the service member is required to provide adequate child and spousal support. The amount of support can be determined by a written agreement, by court order, or by your commander in the absence of an agreement or court order.
Will the service member have to share retirement benefits?
Courts can award a portion of the military member’s retirement benefits to the spouse in a divorce. There is no formula for determining how retirement benefits should be divided, so it’s important to have an experienced military divorce attorney explain and protect your interests.
Is disability pay marital property?
While the government won’t pay a portion of your disability pay directly to your spouse, the court can consider the amount of disability pay the military member receives when dividing marital assets and debt and when determining adequate support for the spouse and children of the service member.
Helping You Understand the Legal Implications of Your Military Divorce
With his office located in Pensacola, divorce attorney James M. Burns is well-situated to assist service members at Eglin Air Force Base, Pensacola Naval Station, and other military installations throughout the Gulf region of northwest Florida and southern Alabama. Having assisted numerous clients with military divorce in these areas, Mr. Burns can easily navigate the various jurisdictions in which your divorce could take place: the state where either partner is stationed or the legal residence of either partner.
In addition, Mr. Burns will provide you with assistance if the courts delay your divorce because a partner is on active duty, as well as help you understand the requirements, should child support or spousal support will be garnered from military pay. Mr. Burns also has experience representing clients when military retirement benefits are divided and will make sure that your rights are fully protected and your interests upheld at every juncture.
Dividing Military Benefits During Divorce
Did you or a spouse serve in the Air Force or another branch of the military? Did you retire to Navarre or another Gulf Coast community following a tour at the Eglin Air Force Base? Military divorce involves both Florida state law as well as federal laws such as the Uniformed Services Former Spouses’ Protection Act. This can affect the division of military retirement benefits.
When you retain The Law Office of James M. Burns, you can count on having all the relevant information needed to make an informed decision about dividing a military pension. Well-known throughout the Pensacola community, he has built a sound reputation for assisting military couples through a divorce. He has helped clients throughout Escambia and Santa Rosa counties in Florida, as well as in Baldwin County in Alabama.
Getting it Right the First Time
With many issues in divorce, you really only have one opportunity to get it right. Military benefits are a common point of contention. How they are divided will affect if a property division is fair.
One area that can cause problems is an application for military disability related to a degenerative injury in retirement. The disability payment would be subtracted from retirement pay. If you agreed to a 50-50 division of retirement benefits, this could reduce the monthly income that you will depend upon in retirement.
This is just one issue to consider when negotiating a property settlement that equitably accounts for all income and benefits. Going back after the fact to request a modification is often very difficult; although not impossible. Do not go through the process without a competent Pensacola military divorce lawyer on your side.
Contact a Pensacola Military Divorce Lawyer
Choosing the right attorney to handle your military divorce is not a task to be taken lightly. Schedule a consultation with experienced military divorce lawyer James M. Burns to learn more about the level of excellence you can expect in terms of personalized service, as well as the extensive legal knowledge and experience available to you. Contact The Law Office of James M. Burns today.