There’s no denying it: divorce is one of the worst things to deal with in life. Nobody ever gets married intending to divorce. Everybody wants their fairy tale wedding and happily ever after story. Unfortunately, sometimes people grow apart. While the divorce process is always emotionally charged and legally complex, the military divorce process is even more complicated and has many factors beyond a civilian divorce in Oklahoma.
Here at Cannon and Associates in Edmond, Oklahoma, we take pride in our years of service representing active service members and their families. Our team of military divorce lawyers have experience dealing with divorce and can help guide you through one of the most trying times in your life. We go above and beyond for each client to ensure that we have all the correct facts and circumstances so we can relentlessly advocate for you and your rights.
Military Divorce vs. Civilian Divorce
The divorce process for those in the military is much more convoluted than the civilian process. Things like child custody, alimony, property, child support, and debt division can all differ from a conventional divorce. The first step we take when you decide you’re ready for a divorce is to determine what state is best to file in for divorce. It’s vital to remember that the state where you were married does not affect the divorce proceedings, only where you are stationed, live, or domicile, intent to live permanently.
Find the Right Divorce Attorney for Your Needs
One of the first and most important parts of filing is finding an experienced lawyer specializing in military-related divorce. Our talented team of military divorce lawyers at Cannon and Associates are all experienced with the different aspects of military-related divorces and child custody cases. Whether you’re stationed in Oklahoma or even abroad, we can help you with questions you may have concerning your impending military divorce or child custody issues.
We work with you to assess your particular circumstances so we can determine how to help you, especially during this uncertain time. You need an attorney that understands military family law and can help you navigate through the unique circumstances associated with Oklahoma military divorce and family issues for those in the military.
How to File Military Divorce
One of the most significant considerations with a military-related divorce is where to file. Being in the military often means moving around a lot. The state where you file is extremely important because it establishes jurisdiction. Without it, the divorce won’t be valid, which is why it’s crucial to meet at least one of these three points to meet the requirements regarding jurisdiction:
- You can file where the military spouse is a legal resident
- You can also file where the military spouse lives
- You could also file in a different state upon which both parties agreement
We can help you file your Oklahoma military divorce, if you believe Oklahoma is a proper jurisdiction for your military divorce action. Here at Cannon and Associates, we guide you through the entire process, so you’re always informed and know what to expect. We understand how trying this time is in your life, and we’re here to offer the experienced legal help you need. Our military divorce lawyers are some of the best and the brightest, and they’re ready to fight for your best interest so you get the outcome you want in your divorce.
Filing overseas
The location of where you file is also crucial for another reason. If you and your spouse were living overseas when you filed, the U.S. courts might not recognize your foreign divorce as legal. If you have already filed overseas, it’s okay. However, it’s crucial to contact us at Cannon and Associates for a consultation. Our military divorce lawyers can help you file in the United States and how to best proceed in your particular situation.
Did you know that if you’re overseas and you divorce, your family and their belongings can be brought back home stateside on the government’s dime before the tour of duty ends? We can help you apply for this assistance. Our team of attorneys are talented, respectful, and always compassionate to your situation. While we may be understanding of your circumstances, we take a tough approach and an unyielding stance to advocate for your rights.
The Servicemembers Civil Relief Act
Military service members are subject to different issues and laws that affect the entire military divorce process. The Servicemembers Civil Relief Act (SCRA) protects military service members who are overseas on active duty from legal circumstances back in the states, like divorce, eviction, foreclosure, or custody proceedings. This is so they can effectively focus on their mission without worrying about stressful legal situations back home. It also provides protection against default judgments if the service member cannot respond or appear at trial.
Essentially, this means that active members of the military can get a postponement or delay in any type of proceedings in court, including military divorce. The SCRA is perfect for service members, but it can be frustrating if you’re a military spouse because it can significantly lengthen the time to finish your divorce from a service member. Under this act, the court cannot issue any permanent legal decisions until the military service member can be physically present.
The United Services Former Spouse Protection Act
You already know that the SCRA protects active military service members from the court issuing judgments against them if they’re overseas. However, there are also laws in place designed to help former spouses of military members. The Uniformed Services Former Spouse Protection Act is also a federal law that gives benefits to former spouses of those in the military. However, it’s not the only form of support available to you once you’re legally divorced.
Post-Divorce Alimony and Support
If you’re still unmarried, a former spouse of a service member can apply and receive commissary, medical, theater, and exchange privileges and other benefits, provided they meet the mandatory requirements of what’s commonly known as the 20/20/20 rule. The three qualifications are:
- At the time of the divorce, annulment, or dissolution, the former spouse was married to a military member for at least 20 years
- The service member must have performed at least 20 years of creditable service in determining the eligibility for retired pay
- You and your spouse were married for at least 20 years during their retirement-eligible service
If you meet the 20/20/20 requirement, we can help you apply for those benefits to help you out when you need it most. At Cannon and Associates, we have the experience and the skill to help you achieve the outcome you want in your military divorce. In fact, John Cannon commissioned as an Army JAG officer and serves the Oklahoma Army National Guard and service member clients across the state of Oklahoma in many military justice roles, lending valuable first-hand experience and to our team of skilled divorce lawyers.
Child Custody Concerns
Another mitigating factor with divorces for those in the military is families with children. At Cannon and Associates, we know how much your children mean to you. They’re the most important thing in your life, which is why we always take your concerns seriously and do everything in our power to ensure you receive the custody or visitation you want.
Deployment and Relocation
Active duty families have it hard since deployment and relocation can often make things even more challenging. In fact, deployment or relocation have in the past harmed cases concerning custodial rights for divorcing military service members. Currently, the court takes the most stock in the best interests of the child. However, this is another place where the SCRA can benefit you if you’re in active service. If you’re currently deployed overseas, it can help delay proceedings until you can be physically present.
Any divorce is going to be hard; that’s undeniable. In fact, it’s probably going to be one of the hardest and most challenging times in your life. However, we’re here to help. Here at Cannon and Associates, we go the extra mile for every one of our clients, so you have the support you need during this trying time.
When you need a Fierce Advocate, Cannon & Associates is here for you. Our military divorce attorneys have the expertise, skills, and raw talent to provide the uncompromising and tough legal representation you need during your divorce. Contact the divorce attorneys today at Cannon and Associates to learn more information and set up a consultation regarding your military-related divorce.