Philadelphia Military Divorce Lawyer
Military divorce cases and civilian proceedings for dissolution of marriage share many common elements, but there are a few key differences that impact the process. Unlike other cases, there are federal laws that apply when active duty, veterans, and their spouses seek to end their marriage. Of course, Pennsylvania statutes and local rules also govern the proceedings. Considering the complexities, retaining skilled legal representation is critical.
Our team at the Law Offices of Lauren H. Kane has extensive experience with divorce cases, including those involving members of the military. We can advise you on your rights and help you navigate the unique challenges, so please contact us to set up a consultation. A Philadelphia military divorce lawyer can describe our services, and a summary of the laws is useful.
Topics in Pennsylvania Divorce Cases
Before getting to specifics that affect military divorces, you should be aware of the issues that parties will encounter during the proceedings. Besides dissolving the marital relationship, these cases involve:
Property Division: The concept of equitable distribution applies in a divorce case, and the analysis begins by identifying what assets and debts were acquired during the marriage. All marital property is divided between the parties fairly, which may not always be exactly 50-50.
Spousal Support: No party is guaranteed alimony, but either can request it. A judge might order support when reasonable and necessary, and the details on type, amount, and duration vary.
Care for Children: Any arrangement for child custody and visitation is subject to the child’s best interests standard. Child support is based upon a formula established by statutory guidelines.
Special Considerations in Military Divorce
The basics of Pennsylvania divorce laws could be affected by certain statutes and regulations that only apply when one or both spouses is a member of the military. Note the following facts:
When an active duty member of the military is deployed, divorce proceedings are postponed under federal law. During the period of deployment and for 60 days after returning, the court cannot move forward with respect to any divorce issue.
Pennsylvania’s child support guidelines are based upon the income shares model, in which the earnings of both parents are taken into account. However, regulations state that no more than 60 percent of a service member’s income can go toward child support and alimony.
With respect to property division, a non-serving spouse cannot receive military retirement benefits unless the parties were married for at least 10 years.
Legal Help with Military Divorce
These issues are complicated, but you can trust a Pennsylvania military divorce attorney to ease the burdens involved with military divorce. We will consult with you regarding out-of-court options for dissolving your marriage, such as uncontested divorce. The collaborative divorce process may also be an option, in which the parties work through issues via their lawyers. Reaching an agreement through these routes and mediation options enables you to have some control over the process.
However, if disputes remain, you can rely on the Law Offices of Lauren H. Kane to protect your interests in a contested hearing. We will handle all litigation tasks and develop a strategy to convince the judge to find in your favor.
Speak to a Philadelphia Military Divorce Lawyer About Your Rights
As you can see, even though the process is generally the same for military versus civilian divorce, there are differences that impact your interests. You can trust the Law Offices of Lauren H. Kane to protect your rights and future, so please contact us today. We are happy to schedule an initial consultation with a Philadelphia military divorce lawyer. Once we review your situation, we can provide custom-tailored advice.
