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Military Divorce & Family Law
Your Advocate During Challenging Times
At Van Ackeren, P.S, we understand that divorce or separation within the military community presents unique legal and emotional challenges. The added pressures of deployments, frequent relocations, and the complex nature of military benefits and retirement can make an already difficult situation even more stressful. Our experienced team provides compassionate and knowledgeable representation for service members, spouses, and families, addressing your specific needs with sensitivity and expertise.
Divorce & Separation
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Guidance on the Servicemembers Civil Relief Act (SCRA): We ensure your rights are protected under the SCRA. This includes advising you on your ability to postpone proceedings during deployment or other military obligations, preventing default judgments, and protecting you from certain financial obligations while on active duty.
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Determining Proper Jurisdiction for Divorce Filings: Military families often have connections to multiple states due to PCS moves, home of record, and current duty station. We'll carefully analyze your situation to determine the correct state and court for filing your divorce, ensuring your case proceeds smoothly and efficiently.
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Negotiating Separation Agreements: We assist in crafting comprehensive and fair separation agreements that address all aspects of your divorce, including the division of marital property, spousal support (alimony), child custody, and visitation schedules. We'll work tirelessly to protect your interests and achieve a resolution that meets your needs.
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Addressing Residency Requirements: Divorce laws vary from state to state, and military status can impact residency requirements. We'll guide you through the specific requirements in your situation, ensuring you meet all necessary criteria to proceed with your divorce.
Division of Assets
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Expert Analysis and Division of Military Retirement Pay Under the USFSPA: Military retirement pay is often a significant marital asset. We have in-depth knowledge of the Uniformed Services Former Spouses' Protection Act (USFSPA) and will provide expert analysis of your retirement benefits, ensuring a fair and accurate division of retired pay between you and your spouse. We'll clearly explain the 10/10 rule, the calculation of divisible retired pay, and any other relevant factors.
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Fair Allocation of Military Benefits and Allowances (BAH,BAS): Military benefits like Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) can significantly impact financial support calculations. We'll advocate for your fair share of these benefits and ensure they are properly considered in any spousal or child support orders.
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Division of Marital Property: We'll help you identify and divide all marital property acquired during your marriage, including personal property, real estate, bank accounts, investments, and any unique military-specific assets, such as pensions or veterans' benefits.
Child Custody & Parenting Plans
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Developing Parenting Plans that Address Deployments, Temporary Custody, and Virtual Visitation: We understand the challenges of co-parenting in the military, especially with deployments, training exercises, and frequent moves. We'll create parenting plans that prioritize the best interests of your children, establish clear communication protocols, and address temporary custody arrangements during deployments. We'll also explore options for virtual visitation to maintain parent-child relationships during periods of separation.
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Navigating Relocation Issues and Obtaining Necessary Court Approvals: If you need to relocate with your children, whether due to PCS orders or other reasons, we'll guide you through the legal requirements and help you obtain the necessary court approvals. We'll prepare persuasive arguments and represent you effectively in court to protect your rights.
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Understanding and Applying the Uniform Deployed Parents Custody and Visitation Act (UDPCVA): The UDPCVA provides specific protections for deployed parents regarding child custody and visitation. We'll ensure your rights are protected under this Act and that your custody case is handled fairly, even when you're away on duty.
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Calculating Child Support Obligations in Accordance with Military Guidelines and State Laws: We'll accurately calculate child support obligations, taking into account both state guidelines and military-specific factors like BAH and BAS. We'll work to ensure that child support orders are fair and provide adequate financial support for your children.
Additional Services
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Military Protective Orders: If you're experiencing domestic violence, we can help you obtain military protective orders or civilian protection orders to ensure your safety and well-being. We understand the unique dynamics of domestic violence within the military community and can provide sensitive and effective representation.
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Family Care Plans: We can provide guidance on creating Family Care Plans, which are required for single parents and dual-military couples with children. These plans ensure that your children have appropriate care arrangements in place during deployments or other military obligations.
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Transition Assistance: We offer resources and support for service members transitioning out of the military. This includes information on veterans' benefits, VA healthcare, disability claims, employment resources, and family support services to help you navigate this significant life change.
Contact us to schedule a confidential consultation.
This even more elaborated version provides a comprehensive and detailed overview of your services, demonstrating your expertise in military family law and your commitment to providing compassionate and effective representation for military families facing divorce and separation.
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