Military Divorce Lawyer in Arlington Virginia
For a healthy relationship, it is essential for the people in the relationship to maintain healthy continuous correspondence. Regardless of whether the relationship is friendship or marriage, communication between the parties is essential for the relationship to continue. The lack of communication can at times result in hostility and several problems caused due to the suspicion of infidelity. At times, even a casual conversation about a colleague with a military spouse can result in suspicion that can ultimately result in divorce. Not only can such long distant relationships affect your marital relationship, but they can also affect one’s relationship with the children. Divorce by itself is complex and several aspects require to be explained by a skilled Arlington lawyer. When either spouse is in the military, the nature of divorce becomes intricately complicated. Due to the complex nature of the military divorce, you need to consult an Arlington VA lawyer before taking any decision.
Why is a Military Divorce Complex?
Certain residency requirements have to be fulfilled for marriage dissolution, assert Arlington VA lawyers. As far as military spouses are concerned, the residential requirement slightly varies. Even if you are not presently residing in Virginia you can proceed to file for a divorce on fulfilling certain conditions. If you were present in Virginia for six months immediately before being posted abroad, then you are legally considered to have fulfilled the residential requirement. Speak to your Arlington VA lawyer to know if you are eligible to file for divorce. Your Arlington VA lawyer will elucidate that even if you were on a ship with Virginia as its home port, you are legally entitled to seek divorce in Arlington VA.
Several complex questions come with a military divorce such as whether the spouse is entitled to the benefits that come with marrying someone from the armed forces and the divorcing spouse’s share in the military spouse’s retirement. One can never find the right answers to these questions without consulting an experienced Arlington VA lawyer. You should contact an Arlington VA lawyer proficient in handling these matters to know the right way to proceed. Your Arlington VA lawyer will explain that as a spouse of someone in the military, you are entitled to a share in the retirement benefits. The extent of share is decided based on the number of years the military spouse served in the military, the number of years of marriage, and other such factors, assert Arlington VA lawyers.
What are the Complex Issues?
In every divorce, the primary question is whether there are valid grounds to fight for the marriage termination or is the proceeding going to be a mutually decided separation, elucidate Arlington VA lawyers. If you have valid grounds to terminate the relationship, then you should speak to your Arlington VA lawyer about your grounds to file for marriage dissolution. If your military spouse has cut off all modes of communication with you, has failed to provide you financial assistance, or has failed to come to the marital home after completing his/her overseas assignment, then you have a valid ground to commence a contested divorce proceeding. It is important to inform your Arlington VA lawyer about every single detail that is connected to your case. Not disclosing any information regardless of how trivial it may be, can bring adverse consequences in a contested proceeding, affirm Arlington VA lawyers.
Clients who are deployed and want to divorce ask Arlington VA lawyers whether the time served in deployment can be taken into consideration for separation grounds. If you want to quickly terminate the marriage and no longer want to meet the spouse after completing your assignment, you would want to ensure that the time served abroad is included as a separation period for the divorce. In these cases, it is important to speak to your Arlington VA lawyer before traveling for the overseas military assignment. If you are certain that you want a separation-based divorce, then you should discuss the same with your spouse and indicate your intention to separate. If possible you may even draft a separation agreement before your military deployment with the assistance of your Arlington VA lawyer. Difficult questions such as your spouse’s share in your retirement benefits and military benefit, custody, and support can be discussed and settled before you go on your deployment with the assistance of your Arlington VA lawyer.
Why do you need a Divorce Lawyer?
Given the complexities involved in military divorces, proceeding without an Arlington VA lawyer by your side can bring disastrous consequences. The military divorce process involves several rights that an experienced Arlington VA lawyer is aware of. Some of the rights and special processes followed in a military divorce are that if the military spouse is serving an overseas assignment, a default judgment cannot be filed against him/her. On the date of the divorce hearing, if the court finds that the military spouse has not appeared or has not appointed an attorney, the divorce proceeding will not proceed till it is confirmed that the military spouse has received notice of the hearing and has appointed an Arlington VA lawyer to represent him. In these military divorce cases, a default judgment may not be entered against the military spouse till 90 days have passed. Your Arlington VA lawyer will also inform you that if the spouse serving on an overseas assignment received notice of the marriage dissolution hearing but is unable to be present for the hearing due to his assignment, then the law allows the court to continue proceedings for 90 days. Other special provisions apply to marriage termination when either spouse is in the armed forces. An attorney who is experienced in handling these matters should be retained for a beneficial outcome. These VA attorneys are familiar with the procedures that can bring quick results. Our lawyers at The Law Offices Of SRIS, P.C. have provided adept support to several clients contemplating filing a military divorce in Arlington VA. Take professional guidance to avoid unfavorable orders.