Legal Assistance with Separations and Divorce
legal
Military service is demanding and its many sacri?ces can at times have a negative impact on a soldier’s personal or family life. Those known sacri?ces may be part of the reason that less than 0.5 percent of Americans volunteer to serve. Deployments are probably the most stressful part of that service and unfortunately, that dif?cult time away from home is often when already stressed family issues might reach a breaking point. If you ?nd yourself facing family issues back home such as possible marital breakdowns, child support problems or other issues, do not make the mistake of trying to deal with it on your own. While every situation is deeply personal and no other soldier’s issues are just like your own, you are likely surrounded by brothers and sisters in arms who have faced very similar situations. Let your battle buddy or someone in your chain-of-command know what you are dealing with so they can make sure you are okay and help direct you to the right experts. The military offers numerous resources that can help you make the best of a dif?cult situation, including, but not limited to, the Chaplain, Medical, and JAG/Legal. If you are not able to reconcile with your spouse, a separation period and divorce are likely inevitable. The Legal Assistance Of?ce can provide you with advice on how to handle many aspects of a separation or divorce. The earlier you seek counsel, the better we can advise you on your options for your particular case. Only a court can grant a divorce and that can prove dif?cult while deployed. However, there is still a lot that can and probably should be done if you ?nd yourself in a pending divorce situation while deployed. While it may be dif?cult at ?rst to face the reality of the change divorce will bring, these problems will only get worse if they are ignored. One of the most important things to keep in mind is that if you are married, you are still married until a court enters a ?nal decree of divorce. The Army does not recognize a “separation.” This becomes an issue when soldiers think that just because they are separated, or someone they are dating is separated, it is okay for them to begin a new intimate relationship. That may be adultery under the UCMJ. Soldiers also need to be mindful of the obligation to support their family members, even when times are rough. In the absence of a court order or separation agreement, Army Regulation 608-99 sets out support requirements. Some soldiers end up paying way more in support than required. That is a personal choice but overpayment could have some unintended negative consequences that individuals should discuss with an attorney. Soldiers should also be mindful of how expensive a messy divorce can be when both sides end up hiring lawyers and may want to budget accordingly for an attorney. In addition to advice on a new separation or divorce, the LAO may be able to advise you on how to deal with enforcement of prior decrees of divorce as well as child support and child custody orders. While we cannot appear in court or ?le court documents for you, we can offer a lot of advice and assist you with the review or preparation of some legal documents. Dif?cult family situations are stressful and often emotional. It cannot hurt to seek the advice of someone who can give you some neutral advice on your options. As always, if you have questions about family law or other legal matters you should contact the Legal Assistance Of?ce to make an appointment. The LAO is located in Admin. Alley, Building 1330C, Room 3N. If you are seeking assistance with something other than a notarization or power of attorney, please call 781-4575 to make an appointment. Legal Assistance, Claims, Fiscal and Administrative Law Judge Advocate Capt. Sean Kumar
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