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Oct 19, 2013

While it is true that anytime two people get married they promise to be with each other until death, life is somewhat unpredictable and quite a few things can go awry. In the end, it is improbable to predict what sorts of incidents are likely to come about many years later on. Whatever the case, the process of divorce was set in place for individuals that desired to break the marriage. Even though during its early days divorce was relatively abnormal due to a large number of reasons (the main one being social backlash), it is significantly more common to find individuals who are prepared to go through the procedure. When you are in a situation where you need to go for a military divorce, then before looking for a Virginia Beach divorce lawyer it is important to first spend some time to understand the implications of such divorces.

A Look at Military Divorce

Different from civilian divorces, military divorces put into play a few issues which complicate the whole divorce process. To start things off, there are Federal laws which prevent a person who is active duty in the armed forces to become divorced without knowing it, as they are protected from being forced to answer a divorce action, or any other civil suit, while on active duty. As a matter of fact, the procedures can be deferred for as long as sixty days after the time of active service; or an active duty service member can choose to waive any postponing if they indeed desire the divorce.

When it comes to the spouse, the Federal and state laws are basically the same. If the spouse is on active duty, she must personally receive a summons to the court as well as a copy of the divorce Complaint; otherwise, the Virginia court will most definitely have no authority over the case. Whenever the case stays uncontested, the spouse may be served an affidavit where they thoroughly understand the steps taken in terms of divorce.

Generally, the requirements for any military divorce say that one person concerned must be living or stationed in the Commonwealth of Virginia. The reasons used for the divorce are identical ones as in a civilian case. So far as division of property, the regular Division Of Property Laws apply, in addition the government in addition has put into place the Uniformed Services Former Spouses' Protection Act which has the purpose to establish who should get how much military retirement benefits upon divorce. Yet, the military retirement funds may be the subject of an exception if the spouse has been married for less than ten years while the military spouse was on active duty.

In case there are children involved in the case, the child support laws and regulations state that spousal support in addition to child support may not be more than 60% of a military member's pay. The regular process is used to set how much a member will pay for child support in case of a divorce.

Looking for a Virginia Beach Divorce Lawyer

As you can see, a military divorce is different from a standard one as there are many more specifics to iron out. Fortunately though, locating a Virginia Beach divorce attorney is one of the least difficult things to do out there. To start things off, you could always check out the various law firms in the city and look at the attorneys they have for you. Although you will probably find a qualified divorce attorney in town this way, it will require a certain amount of time to examine all the alternatives before you make a final decision.

Additionally, you can also find a Virginia Beach divorce lawyer by searching on the internet on legal directories which allow you to easily reach practically every single lawyer in your city. These websites can be best described as directories containing lists of lawyers and attorneys, and it should be added that they have been neatly organized for your convenience.

All in all, keep in mind that a military divorce has a few nuances which need to be dealt with differently than in a regular civilian divorce. Unless you are quite familiar with the laws around this subject, it is recommended that you take the time to find a Virginia Beach military divorce lawyer to help you through the whole process; after all, divorce is a painful thing to experience psychologically… why make your life even worse by going into the legal side of things?

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Posted: Saturday October 19, 2013, 4:30 am
Tags: beach military virginia divorce lawyer [add/edit tags]

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James Garrett
male, age 47, married, 4 children
Virginia Bch, VA, USA
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