Military Family Law
Military Family Law has its own unique rules regarding division of military pensions, residency requirements for filing for divorce, certain legal protections for the military member and emergency court orders pertaining to child custody and support.
Military members have legal protection from divorce proceedings that are not established for civilians. Under the Servicemembers Civil Relief Act military members are protected from lawsuits including divorce proceedings so they can devote their entire energy to the defense needs of the Nation. A court can delay legal proceedings for the time that the service member is on active duty and for up to 60 day following active duty.
The Servicemembers Act also prevents the active duty serviceperson from being held in "default" in some circumstances for not responding to the divorce proceeding. If a party is in the military, the court may appoint an attorney to represent the serviceperson, but only for the default proceedings and not for the divorce action itself.
If you are a Military member it is crucial you choose a firm with extensive experience with military-related family law and knowledgeable of the provisions of the Servicemembers Civil Relief Act (SSCRA) and the Uniform Services Former Spouse Protection Act (USFSPA), as well as specific provisions required for garnishment of military pay.
Here at Lizarraga Law, APC. we salute our Military and Veterans with a reduced hourly rate, payment installments and reduced retainers.