Divorce Attorney Experienced with Military Families
If you or your spouse are in the military or retired from the military and considering divorce, there are several issues you will face that don't affect civilians. As a divorce lawyer in Charleston, South Carolina I have gained invaluable experience in this area of family law and can help you smooth out the divorce process.
Being in the military can make obtaining a divorce more challenging. The military cannot give you a divorce. You must get divorced in a state family court. For the most part, military members and their spouses may have options when it comes to which jurisdiction they may file for divorce:
- Jurisdiction where the filing spouse resides
- Jurisdiction where the military member is stationed
- Jurisdiction where the military member claims legal residency
A state court will not impose higher child support or spousal support to you because you are a member of the military. As an experienced family law attorney, I will ensure the family court treats you fairly in determining the custody of your children. I will make sure you get fair visitation with your children. Oftentimes, military members can get expanded visitation during the times they are not on active duty. As a spouse of a military member, I can help in enforcing custody and support orders when the service member is deployed. During the divorce process, I can help you navigate the military pension. It is a common misconception that you must be married 20 years before you are eligible for part of your spouse's military pension. Not true! You can establish an award under the "10 Year Rule." Under South Carolina law, you may be eligible for a portion of your spouse's military pension even when eligibility can not be established using the 10 Year Rule. You can also ask for greater than 50% of your spouse's military pension even if married less than 10 years, if there are other marital assets to offset what you are asking for. I can also help ensure you get the Tricare benefits and surviving spouse benefits you are entitled to.