Understanding The Roles of a Military Divorce Attorney

Military Divorce Lawyer

The divorce process, whether you are the one who wants out or not, can be an emotional rollercoaster. Sometimes it even gets chaotic, as you might fail to agree on who gets custody of the kids or how to share your property. Although divorce in the military is no different in terms of the legal process, it may become more complicated when one or both spouses are on active duty in far-flung areas or overseas. To make your work easier, you should hire the services of a military divorce attorney. The roles of the attorney include:

The military attorney should educate you on the divorce process

It is the role of attorney to help you and your spouse to understand how the divorce process works. The Uniformed Former Spouses Protection Act (UFSPA) addresses issues such as child and spousal support. The attorney should educate you on how such laws can influence the outcome of your divorce. The divorce lawyer should be ready to provide you with answers to any questions that you might be having.

The divorce lawyer should help you in preparing the divorce agreements

Sometimes it is in the best interest of the divorcing partners to work out a divorce agreement, instead of engaging in lengthy and costly court battles. Although divorce agreements don’t always need the input of an attorney, many divorcing military families without sufficient legal knowledge turn to their attorneys for professional help.

In this case, the attorney should help you in craft an agreement from scratch or review the proposed ones while ensuring that all the relevant legal provisions are included and your rights are not violated. Since the UFSPA doesn’t provide a formula for dividing the military pension, the attorney should help you reach an agreement on how to share your properly fairly and in accordance with the state laws. If the agreements have to be submitted to a family judge for further review, it is the attorney’s job to ensure this happens in a timely manner.

The family lawyer should represent you in the divorce trials

When couples fail to reach an out-of-court compromise, it means they have chosen to let the family court determine the outcome of the divorce. If your case goes to a full trial, then your family lawyer has a duty to represent your best interests in court and ensure that you receive a favorable outcome. The lawyer should attend the court proceedings, file motions, prepare financial disclosures, prepare witnesses for depositions and, where necessary, negotiate with the legal counsel of your spouse.

In conclusion, divorce can be devastating for military families, especially because the experience can negatively affect the ability of spouses on active duty to serve. Unfortunately, sometimes divorce is the only way out of a dysfunctional marriage. To have an easy ride you should arm yourself with a skilled military divorce lawyer.

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Divorce Lawyer: 4 Things You Have To Deal With When Divorcing

Divorce lawyer

According to data, 50% of marriages end up in divorce. If it’s the first time that you are divorcing, there are many things that you have to deal with. Some of these things include:

Divorce lawyer

It’s highly discouraged that you go through divorce alone. The best person to have by your side is a divorce lawyer. The professional will not only provide you with legal advice, he/she will also provide you with the much needed emotional support. The professional will help you with the filing of the necessary papers and representing you in the court of law. For you to have a lawyer by your side you need to pay him/her. Different lawyers have different charges; therefore, you should do your research and find the one charging an amount that you are comfortable with. While you might be tempted to go for the cheapest professional, he/she isn’t always the best.

Property division

If there are is property that you owned together you have to divide it equally. You should note that gifts and inheritances are usually not included in the division. If you are rich and have a lot of assets such as buildings and businesses, the high-asset divorce process can be messy. To protect yourself, you should hire a hire a professional experienced in handling high asset cases. When you are dividing your property, you should remember to also divide the debts that you incurred together.

Spousal and child support

Spousal support, also known as alimony is the amount that the low earning spouse gets from the high-earning spouse. It’s common for some spouses to get too greedy thus try to get a lot of you. To be on the safe side, you should have a spousal support lawyer by your side. When it comes to child support, both parents have to take responsibility for the upkeep of their children. This means that each parent has to contribute money for the children upkeep. You should consult your child support lawyer to ensure that you don’t contribute an amount that is too high.

Child custody

Since you will be parting with your spouse, there is always the issue of who will have custody of the children. You have two options: shared of sole custody. The court considers many factors in deciding the best type of child custody to give. To get a favorable hearing, you should have a child custody lawyer by your side.

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Alimony Attorneys: Everything You Need To Know About Alimony

Alimony Attorneys

Alimony, also known as spousal support or spousal maintenance is a legal obligation on the high earning spouse to support their low earning spouse after or before the divorce. When you are going through a divorce, you should hire a divorce lawyer to guide you through the divorce process and get a sensible spousal support.

Types of alimony

There are four types of alimony:

Temporary alimony: This is support ordered in a situation whereby the parties are separated before the divorce.

Rehabilitative alimony: This support is given to a spouse who earns less for a period of time before the other spouse acquires work outside the home so as to become self-sufficient.

Permanent alimony: It is paid to a spouse who earns less until either the death of the payer, the recipient or remarriage of the recipient.

Reimbursement alimony: This type of spousal support is given as a reimbursement for expenses incurred during the marriage period.

You should work with your spousal support lawyer who will guide you in choosing the right type of alimony.

Factors affecting alimony

When you file for divorce, the court considers many factors in determining the amount that you are awarded. The factors to consider include:

Duration of marriage. If the marriage or civil union lasted longer, then the alimony will also last longer. A marriage that lasted over 10 years attracts permanent alimony.

Age of the parties at the time of divorce: Spouses that divorce while still in their youthful years are considered to have the ability to “get on.” Due to this, they are awarded shorter alimony periods.

Future financial prospects. A spouse who is expecting to realize significant income in the future will most likely pay higher alimony than one who is not.

The health of the spouses: Poor health is associated with the need for more money. If you are suffering from a health condition, you will most likely be paid more money.

Alimony vs. child support

It is important to note that alimony is not child support. In child support, both parents should contribute towards the support of their children. When going through a divorce, you should hire a child support lawyer to compel your partner to pay a sensible amount to support the upbringing of your children. Alimony is often treated as a taxable income and often deducted from the gross income of the spouse who is paying whereas the IRS does not allow child support to be deducted from AGI.


It’s common for couples to spend years in the court corridors fighting over spousal support. To increase your chances of getting a favorable amount you should hire an experienced family lawyer to represent you.

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Equitable Distribution of Property law: Putting A Lens On Distribution Of Property After Divorce

Equitable Distribution of Property law

When you are divorcing, the law requires that you share the property that you previously owned. Both community and marital property acquired by the spouses after the wedding and before separation is subject to sharing.

The systems for distribution of property after divorce

Two primary systems are employed when distributing marital property: equitable distribution and community property. The community property requires the division of the marital property equally between spouses. The equitable Distribution of Property law awards the higher earning spouse a larger share than the one whose earnings are lower. Equitable distribution applies in cases where one of the spouses is a stay-at-home spouse.

Debt and marital property after divorce

Debts existing in marriage are also subject to division.  It’s good to note that debts aren’t distributed equally. Careless debts such as those got from gambling are allocated by the court to the wrongdoer. Debts such as household debts and other general expenses are supposed to be shared evenly between you and your spouse. Student loans may be divided equally if the spouse’s career benefited the marriage.

Property settlement agreements

If you don’t want to go through the long and tedious court journey, it’s always recommended that you draft legal separation agreements. In the agreement, you should specify how you will share your property.   The judge will then review the agreement to ensure equity.

Consider getting legal help

When you are planning on going through with a divorce, you should consult a divorce attorney about your marital property options. In addition to the attorney representing you in court, he/she will also help you in drafting a settlement agreement. The professional will also help you in determining the value of your property. This includes: the value of your homestead, home furnishings, professional practice and savings accounts.

The lawyer will also help you in solving issues that touch on child support, child custody, health insurance for the kids, and college education. If you don’t have a source of income, the spousal support lawyer will help you with getting a substantial amount that will support you in court.


To have an easy time when you are sharing property after divorce, it’s always wise that you arm yourself with a family lawyer. If you own any property before marriage, protect them using a prenup. This is a document that lists all the property that you own and shouldn’t be shared when you divorce.

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Taking A Look At The Roles Of A Divorce Lawyer

Divorce lawyer

When you are going through a divorce, it’s always recommended that you hire the services of a divorce lawyer. The lawyer has many roles in your divorce case including:

Undertaking preliminary divorce investigations

For the lawyer to understand better your case he/she has to collect details and facts about your case. The professional will collect all the relevant information that will help you get a favorable hearing. The lawyer will also understand the grounds of divorce and whether they can be used in the case. After collecting the information the professional will give you a rough idea of how the divorce process will go. If there are any responsibilities that you need to handle, he/she will let you know about it.

Initiating the divorce process

After the lawyer has collected all the necessary information, he/she will go ahead and initiate the divorce process. The process begins with the lawyer filing summons and complaints in a family law court. After this, the court will serve your partner (respondent) with a notice of the impending divorce. It’s the respondent’s responsibility to choose to file a response in court or support the divorce.

Fighting for you and your children’s rights after divorce

When you divorce, it doesn’t mean that life comes to a halt—you still need food, shelter, and money for your daily maintenance. The alimony lawyer will argue your case so that you can get an amount that will be enough to put you through a comfortable lifestyle. Children are an important part of a marriage. If you have children, the lawyer will fight for them and ensure that they get the best care and education. The lawyer can work with an expert child support lawyer or if he/she has the experience, work alone.

Representing you in the divorce case

The life of the divorce attorney differs with the type of divorce. If you are filing for an uncontested divorce, the professional will only file the divorce papers and represent them in court during the hearing. If you are filing a contested divorce, the professional will file the divorce papers and present them in court. In most cases, contested divorces get strangled in litigation. It’s the responsibility of your family lawyer to sort the case as soon as possible so that you can get fast and favorable results.


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Alimony Attorneys: Tips On How To Reduce Your Alimony Payments

Alimony Attorneys

Alimony or spousal support is a major component in any divorce. The man can make alimony payments to the woman or the other way round. Who gets to pay who depends on who earns more money. During divorce, every spouse looks for ways to pay as little alimony as possible. Most of the spouses look for ways in which they can avoid paying alimony altogether. The cool thing is that there are many ways in which you can reduce or stop paying alimony. Here are some of these ways recommended by alimony attorneys:

Get out of marriage before divorce

If you ask many spouses they will tell you that they knew that their marriages weren’t going to last. If you are unhappy in your marriage, you should move out as early as possible. One of the factors used by courts to determine the amount of money that you will pay your spouse is the length of time that you have been together. The longer you lived together, the more you will have to pay. For you to reduce the amount of money that you pay to your spouse you should move out of an unhappy marriage as soon as you settle that it’s not going to work.

Sign a prenuptial agreement before divorce

When a relationship is starting, spouses are usually happy and ready to give each other anything but this shouldn’t be you. If there is anything that you got before you got married you should put it in the prenup and ask your partner to sign it. The prenup prevents your Ex from benefiting from the property that you already had before marriage. To legalize the prenup you should involve a divorce lawyer.

Prove that your spouse is cohabitation after divorce

It’s common for some spouses to cohabit with other people once you have divorced. In Virginia, once a spouse has moved in with another person in an intimate relationship, you aren’t supposed to pay for spousal support. If you are sure that your Ex is cohabiting, you should work with your spousal support lawyer and present the case in court so that you can stop paying alimony.

Show that your former spouse is earning more after divorce

As mentioned above, the high earning spouse always pays alimony to the low-earning spouse. If your spouse got a promotion or his/her business flourished after divorce, you should work with your family lawyer and make the argument in court so that you can stop paying alimony. In some cases, the court can even instruct your former spouse to start paying you.

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All About Child/Parental Relocation Law in Virginia

After a marriage breaks up, it’s common for parents to want to relocate to other places with their children. Since this is an issue that leads to a lot of disagreement between the parents, a court intervention is more than often required. Both parents have the right to control the child upbringing, but it’s not to say that a reasonable request to relocate will be denied as there is a child/parental relocation law in Virginia that regulates the whole process.

Mutual agreement on child relocation

Both parents can have a mutual agreement about a child’s relocation. If both of you agree to the child relocation, then the court cannot object it. However, if there are concerns from child protective services or other child agencies, then the court will be involved. If the parents agree about relocation pending divorce, the terms of the agreement will be included in the marital settlement agreements, but after the final process of divorce, both parents will have to file the post-judgment stipulation to modify the terms of relocation. If you have arrived at an agreement, it’s always recommended that you involve a family lawyer to make the agreement legal.

Objection to the child relocation from non-custodial parent

This is one of the most common scenarios: a parent with primary custody of the child wishing to move with the child but the non-custodial parent objects it. If the objection occurs when the divorce is pending, then both parties will have to resolve the dispute through litigation. Most likely this may necessitate a trial, but in any case, the person intending to relocate with the child must prove to the court that the move will be beneficial to the child.

Procedural requirement for relocation after divorce

Any parent with an intention to relocate with the child out of the state of Virginia is required to notify the other parent in writing, 30 days prior to the scheduled move. He or she should provide hurdle of proving that there have been some changes before the custody order was issued. Other than that, the parent seeking relocation should prove that the relocation is not substantially impairing the relationship between the child and the other parent. The other parent must state in writing if he or she objects to the relocation. The objective parent should give reasons for objection.


Child relocation is a relatively complex issue in Virginia, and it’s always wise that you arm yourself with a child custody attorney. Working with an attorney will help you understand your rights and options. The lawyer

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Guide To Legal Separation Agreements

Legal Separation Agreements

If you are planning on going through the divorce process, it’s recommended that you sign legal separation agreements that are usually a precursor to the ultimate divorce. The agreements are basically contracts that stipulate how couples that are legally married may go on to live individual lives while they’re in the process of the divorce process. The affected couple remains husband and wife on paper but live individual lives as if they weren’t married.

Things involved in legal separation agreements

The agreements involve the same things involved in a court process. The separation contract defines child support installments, visitation plans, alimony, custody, asset distribution, and other aspects that affect the couple or the children involved.  You should work with your family lawyer and come up with a contract that favors both of you. It’s only after you have failed to reach an agreement should you head to court.

Legal Separation Contracts versus Divorce proceedings

The greatest difference between separation agreements and divorce proceedings is that in legal separation the affected couple continues being married which isn’t the case in a divorce case. There are many benefits that come with the separation arrangements. One of the benefits is that a spouse’s health benefits aren’t terminated as it’s the case with divorce.

This means that if you are suffering from a medical condition you don’t have to worry about being unable to afford your medical bills even if you aren’t living with your partner.  In addition to this, both parties have access to each other monetary resources unless the agreement states otherwise.

Acceptable Behavior during the separation period

After you have signed the agreement you should carry yourself with dignity. As rule of thumb, you shouldn’t defame your partner. Lawyers also recommend that you avoid demonstrating infidelity during this period as it can certainly hurt the outcome of the divorce case.  For example, when you defame or talk ill of your partner, the judge can rule that you apologize or make a given payment to your partner. To be on the safe side you should strictly stick to the agreement and if there is a part of the agreement that you don’t understand, ask your lawyer to expound on it.


This is what you need to know about separation agreements. For you to draft a great agreement that considers all the people involved in your relationship, work with a reputable divorce lawyer. The lawyer should not only be experienced in the divorce process, he/she should also be experienced in the drafting of the separation agreements.

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Divorce Lawyer: Guide On How To Prepare Yourself For Divorce

bankruptcy attorney

When people get married, the last thing that they do is to dream about divorce. Unfortunately, 50% of marriages end up in divorce. If you have tried working on your marriage but it has failed, you should prepare for divorce. To help you out, here are some of the things that you should do to prepare yourself:

Hire an experienced divorce lawyer

The divorce process is tedious and can get messy. It’s always good to have someone who will provide you with guidance and guide you through every step of the way. The best person you should have is a divorce lawyer. There are many lawyers in the market but few are ideal for you. You should research and find a professional who is experienced enough (5-10 years) and with a great personality. There are a few know-it-all, arrogant lawyers who might try to give you advice without even listening to your case. You should avoid such a person.

To avoid a lot of stress and high legal fees, always aim to settle as fast as possible. The lawyer should guide you on what you need to do to settle the case as soon as possible. While settling is important, the lawyer should be ready to fight for you should the need arise.

Know the amount of money that you have before divorce

Money is a sensitive issue that is usually the center of attention in a divorce case. One of the main goals of a divorce process is to ensure that there is an equitable distribution of marital assets and debts. For you to get a fair share of assets during the settlement, you should know where you stand financially.

You should work with your family lawyer and know what you own and what you owe. Your assets can be a home, financial accounts, vehicles, artwork, inheritances, pension plans and others. Know what you got as a couple and what you already had before you met. You should hire a professional accountant to help you determine the total assets and debts that you have.

Plan for your children after divorce

Children are highly affected by divorce and it’s your responsibility to ensure that they have a good life. You should agree with your spouse and your child support lawyer on who will live with the children and the amount of money that each of you will contribute towards the proper upbringing of the children.

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Alimony Attorneys: Golden Alimony Tips

alimony lawyer

Alimony also called spousal support, is a legal order on one spouse to provide financial support to the other spouse after, or before a divorce or physical separation. You should work closely with your spousal support lawyer and settle on the best support amount for you.

Up to the early 1970s, alimony applied to the ex-wife, but to uphold gender equality divorce laws have changed to accommodate alimony for ex-husbands. Whether you are considering getting alimony from your spouse after divorce proceedings or are looking for reasons not to pay alimony, the following tips should help.

Consider the type of alimony that you want

First, consider whether you are eligible for alimony from your spouse. You are entitled to alimony if you cannot afford the lifestyle you maintained when you were married. There are four types of alimony;

Temporary alimony: This is alimony given when the parties are physically separated during the divorce process.

Rehabilitative alimony: This alimony granted to the financially lesser spouse. It’s given for a specified amount of time. Usually, until the partner attains financial stability.

Permanent alimony: The alimony is awarded to the financially lesser spouse until the spouse dies or remarries.

Reimbursement alimony: This kind of alimony is granted as reimbursement for expenses incurred during marriage such as educational expenses.

Your divorce lawyer will advise you on the type of maintenance that is best for you.

Determine the alimony amount that you need

You need to prepare a personal budget of all your monthly expenses to present to the judge. In the budget be as detailed as possible. However, do not exaggerate the costs. Also, consider your future expenses as you will no longer be living with your spouse. The best approach is to hire a professional forensic accountant to determine your expenses.

Negotiate alimony first with your spouse

Settling the alimony agreement out of court may be the best option for the both of you. Before taking spousal maintenance to court, ask your lawyer to prepare an offer to the other party. Negotiating before taking the matter to court will speed up the process thus your divorce process takes a short time. Negotiations are also less stressful and emotional compared to the court battles. You should work with your family lawyer and negotiate until you reach a favorable amount.


These are the divorce tips that you need to consider when determining the amount of spousal support that you need. If there are kids involved in the divorce process don’t forget about. Work with a child support lawyer and settle on an amount that is ideal for them too.

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