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St. Charles Military Divorce Lawyer
Being in the military can affect issues such as property division, child custody, and child support. This is why you need a skilled divorce lawyer by your side who is also well-versed in representing military clients.
A divorce case where one or both of the spouses are service members can get complicated,and we understand that this is an emotional time. Our attorneys have the resources and experience to help you navigate complicated disputes.
We’ll make sure you get the representation you deserve.
Divorce Laws In Missouri
One of the most contentious areas that a military divorce lawyer can help you with is the issue of jurisdiction. Generally, divorce cases have to be filed in the state where the couple resides. For military divorces, however, one of the parties may be residing in a different state or country.
Proper jurisdiction must first be established before any issue or dispute is resolved. Any decision granted by a judge that does not have jurisdiction over the case will be considered invalid.
It’s crucial to work with a lawyer who understands MO laws.
Some of the relevant laws that apply to military divorce in Missouri are the following:
- Uniformed Services Former Spouses’ Protection Act (USFSPA): This law covers the pension issues for military spouses. It also delves into the division of marital liabilities and assets.
- Service Members Civil Relief Act (SCRA): Previously known as the Soldiers and Sailors Civil Relief Act (SSCRA), this federal law offers specific protections for all military personnel on active duty. For instance, one provision allows a service member to temporarily suspend divorce proceedings until they’re no longer on active duty.
Military Divorce Issues
Divorces involving service members can get very complicated because of the special provisions and rules that apply to military personnel.
Here are some of the issues that a lawyer can help resolve during a divorce case:
- Military Pension: A lawyer can assess their client’s pension plan to help determine whether or not their spouse has a right to claim pension benefits. They can also calculate how much the spouse is entitled to.
- Child Support: Generally, the courts will take into account the parent’s gross income when calculating the amount of child support they’re expected to provide. For military personnel, certain regulations and guidelines involving child support also have to be considered. Aside from the salary, the court will also factor in hazard pay, combat pay, separate ration, BAH, GI benefits, and bonuses when determining child support.
- Custody: Service people follow a different work schedule, which may significantly affect the amount of parenting time they get. A lawyer can help them include provisions in the decree that will allow them to see and visit their child, depending on their availability. A Family Care Plan can also be made to take into account vacations and leaves, communication during deployment and transfers, and other custody determinations.
Contact a St Charles Military Divorce Lawyer Today
Shea Kohl Law has represented numerous clients in military divorces. We understand Missouri military divorce law and we can create strategies that address your specific needs and situation.
We can answer any questions that you may have, provide you with possible alternatives and directions to take, and help you make strategic and intelligent decisions to secure your family’s future. We’ll make sure your case is handled with care.
To schedule a consultation, contact us at (636) 946-9999.
Call Shea Kohl Law, LC at (636) 946-9999
or contact us online to schedule your initial consultation.
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Shea Kohl Law, LC serves clients in Missouri including St. Charles, Troy and Lincoln and throughout Warren and St. Louis counties. We also serve clients in Illinois.