Throughout the years, the military has recognized that the stress of military life and multiple deployments can wreak havoc on marriages.  The military has really increased efforts to help families create stronger relationships and avoid divorce by offering numerous programs. The military recognizes that when soldiers are happy and their families are happy, the soldiers are not distracted by relationship problems and are able to focus on their missions.

The programs that are offered by the military operate through the services' family support, chaplain and mental health counseling networks.  Some of the programs offered by the United States Army include:

• The Deployment Cycle Support Program:  includes counseling for soldiers on how to deal with their absence and how their return home may affect their family and relationships. The program provides techniques on how they can cope with unforeseen changes.
• The Military OneSource Program:  inform soldiers of resources that are meant to support their families and themselves.
• The Building Strong and Ready Families Program:  this is a two-day program that helps couples develop better communication skills which is reinforced by a weekend retreat for the couples.

This is just a sampling of the programs offered by the US military.  Despite these programs, military members may still find that they are in need of a divorce.

If you are going through a military divorce in Jacksonville, contact Ellerin Hutchinson to speak with a Jacksonville military divorce lawyer.

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.

A new child custody bill affecting military members is being received with mixed opinions.

HR 4469, sponsored by Rep. Michael Turner (R-Ohio), would prevent the courts from permanently changing an existing custody order while a service member is deployed overseas. The bill would also require any temporary changes to the custody order during a deployment to be reversed once the service member returns home. Furthermore, under the terms of the bill, the courts could not use deployment or a possible deployment against a service member when determining the best interest of a child.

Both the Veterans of Foreign War (VFW) and the members of the Iraq and Afghanistan Veterans of America (IAVA) strongly support the bill. Says Justin Brown of the VFW, “The VFW strongly believes that a service member’s duty should not reflect negatively on themselves for the sake of judicial proceedings that deal with something as serious as a permanent custody decision of a child.”

Brown went on to stay that although deployment is hard on the entire family, it is not the service member’s choice to go overseas, it’s the government’s decision which troops are deployed, and it’s wrong to punish the service members for something that is out of their control.

In opposition to this support, the American Bar Association says the bill is well-motivated but not well-considered. A spokesperson for the ABA says the bill could result in child custody cases being heard in federal court, as opposed to the state court, which could lead to some unintended consequences. The ABA suggests that Congress should leave the issue alone for now, as many states are working on amending their child custody laws, with at least 30 states having already passed some changes.

Are you an active member of the U.S. military? Are you worried about how your deployment will affect your child custody arrangement? A  Jacksonville military divorce lawyer at Ellerin Hutchinson can help. To schedule a consultation to discuss your situation, please call (904) 866-4489.

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.