Recent Posts in Military Divorce Category

If you are going through a divorce and you are a member of the U.S. military service, you will want to obtain legal representation from an attorney that handles these types of cases.  Below, we provide a few tips on choosing a military divorce lawyer for your case:

§  Make sure that you choose a family lawyer that is local.  Not only will this ensure that you have access you your attorney, but it will also ensure that your attorney is familiar with the family laws of your state.

§  Ask about prior military divorce case experience.  Military divorces are different than other types of divorce and the circumstances can be tricky.  For this reason, you want to work with an attorney that has immense experience working on these types of cases.

§  Do you have other family law matters with are related to your divorce?  For example, will you need help obtaining child custody?  If so, you will want to hire a family law attorney that is capable of representing you not only during your military divorce, but also during related family law matters.

If you're ready to consult with a Jacksonville divorce attorney that can offer you advice and legal assistance, contact Ellerin & Hutchinson now!

One of the questions people ask when they are going through a military divorce is "will I have to share my retirement pay?"

Contrary to what most people believe or assume, according to the Uniformed Services Former Spouse Protection Act, the division of retirement pay is not mandatory.  This means that if you are in the service and you go through a divorce, you may not have to share retirement pay with your former spouse.

 One thing you must remember is that the Act allows state divorce courts to treat retirement pay as property of the service member or joint property.  So, your retirement pay would be subject to the laws of Florida if you are going through a divorce in Jacksonville.  The division, if any, would be overseen by Florida family laws.

The Act also states that the service member can pay his/her spouse directly if they were married for 10 years with more than 10 years overlapping the time the service member spent in the military. 

Do you have questions about your assets and how they will be split during your military divorce?  If so, contact Ellerin Hutchinson today to speak with a Jacksonville family lawyer.

If you are a member of the military, and you and your spouse have decided to file for divorce, it’s to your advantage to work with an attorney who has experience handling military divorces.

Although many of the issued involved in a military divorce are the same as those involved in a civilian divorce, there is still value in hiring an experienced Jacksonville military divorce lawyer like Scott Ellerin. Military families encounter stresses that civilian families don’t often have to deal with.  Deployment, months or years spent apart, relocations, the threat of danger, and the emotional and physical toll a service member might experience during active duty are all things that can factor in to the dissolution of a marriage. 

If you and your spouse or going through a difficult time, Mr. Ellerin can provide you with tools and resources to help you try and work through your problems to save your marriage.  If you ultimately decide that your marriage is broken, and you wish to proceed forward and file for divorce, Mr. Ellerin can represent you throughout the divorce process, and help you resolve such issues as child support , spousal support , child custody and visitation , and time sharing and parenting plans.  Furthermore, Mr. Ellerin can also provide you with much needed guidance and representation in regards to the division of your military benefits as well.

According to a new report issued by the Pentagon, the divorce rate among service men and women in the military has increased a full percentage point since the September 11 ^th attacks.

In the last budget year, there were approximately 27,312 divorces among the 765,000 married members of the military.  This figure includes active military personnel in the Army, Navy, Marine Corps, and the Air Force.

Based on these numbers the divorce rate for the fiscal year of 2009 is 3.6 percent, compared with last year’s figure of 3.4 percent.

The divorce rate among reserve members of the military has also increased, with 2.8 percent of reservist filing for divorce compared to 2.7 the previous year.

The report also indicates the divorce rate is higher among female members of the military as opposed to men.  In 2009, 7.7 percent of women filed for divorce compared to just 3 percent of men.

A reason for the increase?  Experts believe the stress of being in a war zone and the fear of dying can affect soldiers’ attitude, behavior, and personality.  Since 2001, when the first troops were deployed to Iraq and Afghanistan, thousands of U.S. soldiers have been killed and countless more have been injured.   In addition, the public’s support of the war has also gone down in recent years, with many Americans now opposing the war and thinking the war is no longer worth fighting for. 

Both of these factors are enough to cause someone to lash out at loved ones, become depressed or withdrawn, or simply become an angry person. 

Jacksonville divorce lawyer Scott Ellerin has vast experience handling military divorces , and is familiar with the unique issues involved in these types of divorce cases.  If you are a member of the military and are considering filing for divorce, contact Attorney Scott Ellerin today for experienced and dedicated representation.