Family Law Litigation & Military Divorce in Jacksonville
When one or both parties to a divorce action in Florida are military service members, or have served during some period of the marriage, then there are special considerations that should be in order for an attorney to provide competent legal representation in the case. We comfortable handling cases of military divorce in Jacksonville. Below, we’ve listed some specifics to consider.
Familiarity with Legal Separation Military Terminology
First, a divorce attorney handling so-called “military divorces” should have a working familiarity with the various terms used within the military that come in to play in a divorce action. Most civilians could not, without prior experience or training explain to someone what an “allotment” is, for example, or even how one works. How about an “LES?” What is “BAH” or “BAS”? A lawyer who handles cases involving military personnel should at the very least know what those terms (and many others) mean, and more importantly, how they impact their client’s lives during and after a Florida divorce.
Military Divorce Attorneys Familiar With Military Terms
In addition to the “lingo,” a family law lawyer should also understand the basics of the military life experience itself. One such important consideration relates to the military rank structure within the various branches of the armed forces. Can the lawyer distinguish for example between an E3 and an O3? What about rank advancement? How can a lawyer who knows nothing about rank advancement ever effectively argue for example, that the opposition is voluntarily under employing himself or herself for purposes of paying alimony or child support to the other spouse, without appreciating or even understanding what it takes to make rank in the first place?
Service-member Benefits and Florida Law
Understanding military pay, retirement pay, and benefits is another area in which the family law practitioner handling military divorce cases should have knowledge and experience. A lawyer handling military divorces should understand pay scales and allowances. When computing say, child support, does the attorney understand that certain allowances may be treated differently from base pay when it comes to an item being taxable or non-taxed? What is the difference between basic and special pay? Does one’s divorce attorney know how Florida Courts treat the distribution upon divorce of the marital portion of a service member’s retired pay? A lawyer practicing this area should most certainly know how to treat that asset and advise their client accordingly.
When it comes to the children of military members, and possible legal disputes regarding them, the family law lawyer should also understand how military orders work as it relates to relocations, transfers, over seas posts, sea duty, deployments, and so forth. Does a parent who has been placed on deployment have the same rights to time sharing with minor children as a non military parent? What are the differences, if any, between how the Court treats the two parents under such circumstances? A lawyer’s experience and familiarity with these issues can prove invaluable to the client when such controversies arise.
Distinct Differences Between Civilian and Military Separation
The list of distinctions between the lives of civilian and military is substantial. When it come to military divorces, understanding how the law recognizes and treats such distinctions is the duty of a competent legal advocate. In military divorces, you need an attorney and law firm that has the experience to answer the difficult and unique questions posed by this type of litigation.