Question: Where Should Active Veteran Go For Divorce Advice?

If a Veteran needs legal assistance, you may contact one of the listed legal service clinics, visit www.statesidelegal.org*, ABA Federal Free Legal Answers*, http://vetlex.org* or Pro Bono Resources for Veterans*. You may also contact your local VJO Specialist who may know of community resources for legal assistance.

Can veterans get free legal advice?

US Department of Veteran Affairs (VA) – The VA offers free legal assistance for veterans. They will help veterans get the free legal help that they need. The services are provided at some VA facilities and at the Veterans Justice Outreach Center. They offer a list of free legal service clinics.

Where can a military member file for divorce?

Divorce laws allow service members and their spouses to file for divorce in either the state where the service member is currently stationed, the state where the service member claims legal residency or the state in which the nonmilitary spouse resides.

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What are my rights as a military spouse in a divorce?

The Servicemembers Civil Relief Act applies to military service members and may affect divorce proceedings. Protections include: A “stay” or postponement of a civil court or administrative proceeding if the service member proves he or she is unable to attend because of duty.

Can military spouses use Jag for divorce?

Military Lawyers Military personnel and family members all have access to free legal services provided by the “legal office” (JAG). They cannot prepare divorce or separation documents; they cannot represent you in court, they cannot file legal divorce or separation paperwork for you.

Does the VA help veterans with legal issues?

Click here to see a list of those legal service clinics. The VA Veterans Justice Outreach Specialist at the closest VA Medical Center may be another source of information about the clinics. You may also contact your local VJO Specialist who may know of community resources for legal assistance.

Do military members get free lawyers?

Every military legal assistance office provides free legal assistance to eligible personnel regardless of his or her branch of service.

How do I file for divorce in the military?

In order for a court to have jurisdiction over the military divorce case, it’s necessary to personally serve the active duty member with a summons and petition for dissolution of marriage. If the service member in question is overseas or deployed, the serving process can be extremely difficult.

How much does a divorce cost in the military?

For those retiring from active duty the cost of SBP is 6.5% of the base amount; for Guard/Reserve retirees, it’s about 10% of the base. This premium is deducted from the member’s retired pay.

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Is it hard to get a divorce in the military?

While military divorces are no more complicated than civilian divorces, there are special rules and requirements that apply to U.S. service members and their spouses when they divorce.

How long do you have to be married in the military to get alimony?

In order to qualify for these benefits the couple must have been married at least 20 years and the servicemember must have completed at least 20 years of creditable military service during that same period.

How much alimony does a military wife get?

Federal military laws don’t set guidelines on alimony awards, although a veteran can’t be ordered to pay more than 50% of his or her income toward support.

Who gets custody in a military divorce?

Where only one parent is in the military and the parents have joint custody, the civilian parent will generally take care of the child when the service member is unavailable.

Can a spouse use Jag?

The most important thing to know is that military spouses can get some legal assistance from the Judge Advocate General (JAG) even if their service member sought help there first. Matthew Reid, who often helps us with JAG related questions, the on-base legal assistance office can give you a free consultation.

How does SBP work in divorce?

Many beneficiaries are spouses of former military members. However, a spouse loses eligibility as an SBP beneficiary upon divorce. The retiree must apply for this change of status (from spouse to former spouse) within one year of the divorce. The spouse may also request SBP coverage in a divorce action.

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Can a military spouse go to jail for adultery?

The maximum punishment for adultery, defined in the Uniform Code of Military Justice as Extramarital Sexual Conduct is a dishonorable discharge, forfeiture of all pay and allowances, and confinement for up to a year.

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