If you or your spouse is a member of the military and seeking a divorce, then you can trust your case to Moyer Law, PC. A past military service member himself from 1990-1997, Attorney Don Moyer has a thorough understanding of the unique issues that military families are facing. These issues often affect the way Attorney Moyer pursues resolutions to any divorce or custody law matter that may arise.
“Don Moyer is an experienced, very professional divorce attorney. I'm an active duty military officer living overseas for the past 5 years. No RI attorney would take my case. Mr. Moyer knew the law and appropriate statutes and efficiently solved my jurisdictional challenges. He expertly handled my divorce and did a tremendous job preserving my assets. I would hire Mr. Moyer again.”
- Paul L.
What Are the Unique Aspects of a
Military Divorce in Rhode Island?
When you are seeking a divorce within a military context, you must satisfy certain requirements. For example, there are specific state laws in Rhode Island that dictate how these cases are handled. Additionally, there is federal legislation that dictates many of these military issues. One example is the Uniformed Services Former Spouses Protection Act (USFSPA), which controls the computation and division of a service member's military pension benefits. You will need a military divorce lawyer who truly understand these issues.
Serving Divorce Papers
If a party files a divorce, child custody, possession, or support case in family court, the other party must be served with proper notice. This must occur before the court can take long-term action. “Getting served” can be much more complex when the party being served is in the military and living outside of Rhode Island.
For active duty service members, even with proper service, the divorce or custody action may not be able to go forward for some period of time. The “Soldiers and Sailors Act” tries to prevent undue disadvantage on military members when they are unable to participate in litigation due to their military obligations.
Dividing Military Pensions and Benefits
Pension division issues are complex enough, but when one or both spouses are in the military, the task of dividing pensions gets significantly more complex. At Moyer Law, PC, our Rhode Island military divorce attorneys know that a fair and appropriate division of military benefits does not always occur. With the help of our firm, you can learn about the guidelines that govern the division of military pensions and benefits.
In addition to military divorce issues in Rhode Island, Moyer Law assists clients who are dealing with child custody issues. For example, relocation is a major issue for military families, as their job often requires them to relocate. Custody agreements need to be updated to factor in the relocation or deployment of a custodial parent. When interstate issues arise in a child custody case, a parenting plan becomes all the more valuable.
Child Support and Alimony for Military Divorce
Did you know that each branch of the military – Army, Navy, Air Force, Marines, and Coast Guard – have their own methods for determining child and spousal support? These rules determine how much of a service member’s pay must be turned over to a spouse or child. However, this occurs in the event there is no state order to the contrary. You need a Rhode Island military divorce attorney, like Moyer, that understands these complex issues.
Health Insurance for Military Divorce
Rhode Island law dealing with a spouse or child’s continued health or dental insurance can often be at odds with how the military will deal with those same issues. For example, factors such as the length of marriage may allow a spouse to remain covered even after a divorce, which is why you should work with Rhode Island military divorce lawyer.
Discuss Your Case with the Team at Moyer Law, PC
There are many other issues that military persons or their families must deal with differently than anyone else during divorce. Health insurance, housing allowances, disability, and residency requirements are just a few of them. Ensuring your divorce attorney is familiar with all of these issues is critical to your success.
Military issues can have a significant impact on your divorce or family law case in Rhode Island. Call Moyer Law, PC at (401) 305-2934 to set up your consultation. We’ve got the knowledge and experience you need for your military divorce.
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