The strains of military life, particularly with troops deployed overseas, can be especially difficult on a marriage. While many of the reasons for divorce are the same as those faced in the civilian community, there are differences in the way a lawyer will handle a military divorce.
For that reason, it is important to find an attorney with experience in military divorces. At the law office of Mesaros Law Office, we not only have the experience you need, we understand your unique needs as a military spouse. If your marriage is having difficulties and you need legal counsel, call our Dayton, Ohio, military divorce attorneys at 937-424-3658. From our office in Centerville, Ohio, we serve clients throughout the Dayton and Miami Valley areas, home of Wright-Patterson Air Force Base.
Ending a marriage is always difficult. Ending a marriage while one or both spouses are on active duty, where property may be owned in several locations, or even in more than one country, presents special challenges. Attorney David Mesaros has both the knowledge and the resources to help military families navigate the divorce process, including issues such as:
Determining residency: Jurisdictional issues can be confusing for military spouses seeking divorce, especially when one spouse is overseas, there is a home in another state or other complex concerns. Our attorneys can help you determine where your divorce petition should be filed. If your spouse has already filed for divorce, we will determine if the case was filed under the appropriate jurisdiction as it could have an impact on your case.
Property division: While military spouses face many of the same concerns as civilian spouses with the division of assets and debts in divorce, the issue of military pension and other retirement benefits adds to the complexity of a military divorce. We have experience working with federal laws regarding military pensions. We understand the rules that apply, such as the 10-year rule involving military pension. Military spouses must have been married for at least 10 years, and one spouse must have been a servicemember for at least 10 years, in order for the non-military spouse to be entitled to a split of the military pension benefits.
Service-Members Civil Relief Act (SCRA): Many service-members misunderstand their rights under the service-members Civil Relief Act. The SCRA protects soldiers, marines, sailors, airmen and other service-members from being sued while on active duty. service-members facing eviction, divorce, child support enforcement, child custody issues or other legal action are fully protected during a 90-day waiting period. Contrary to common belief, SCRA does not protect service-members for the full term of their active duty service. They must respond to the legal action during the 90-day period. Our military family law attorneys understand how to handle complex legal issues for active duty service-members.
Continued health care coverage: Military service-members and their families may be entitled to lifetime health care services. However, eligibility is determined by the service-member's length of duty. Military spouses must be in the service for a minimum of 20 years in order for the family to be entitled to lifetime access to health care services (the 20-year rule).
Child custody, support and visitation: Coping with child custody and support issues can be challenging for any parent. This can be even more difficult for service-members who may already be forced to spend months or even years away from their children while on active duty. Whether a case involves determining child custody and visitation issues in a divorce or it entails the modification of custody, visitation or child support, our Greene, Warren and Montgomery County child support and custody lawyers have the experience and compassion to guide clients through these difficult issues.
Since military divorces are handled in civilian court, having a lawyer with both a strong family law background and experience in military rules and regulations will give you the confidence that your best interests are being protected. We are ready to help you through the legal process, while also giving you the legal support you need through a confusing and difficult time.
If you are seeking a Legal Separation in the Dayton area or have been served papers, Mesaro Law office is here for you. The attorneys at our law firm are compassionate and understanding while simultaneously unrelenting and effective. We seek the best resolution for our clients and always try to arrive at that resolution as amicably as possible. Contact a Dayton divorce lawyer at our law firm today to discuss your divorce.
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