Trusted Military Divorce Attorney in Oklahoma City
Going through the divorce process with somebody you once loved and shared a life with can be an extremely difficult process for many people. Divorce can happen to any couple at any stage of their marriage, however, it can get significantly more difficult when it involves military families. If one or both partners in a marriage are service members, they will have to go through a military divorce, which is a lot more complex than a civilian divorce.
Facing a military divorce can be made significantly easier when you have the backing of an experienced military divorce attorney. Divorce lawyers can help you understand the complexities of military divorces and guide you through family law issues such as child support, child custody, division of retirement benefits and military pensions, and property division.
At Cannon & Associates, we have a team of lawyers that are highly experienced in managing military divorces. Many of our lawyers have previously served in the military and our managing attorney, John Cannon, is a Judge Advocate in the Oklahoma National Guard. Our law firm understands the unique challenges faced by service members going through a military divorce and we want to be the Fierce Advocate that helps guide you through the process and protects your best interests.
Regardless of whether your military divorce is uncontested or contested, it is important to ensure that your rights as a service member are protected at all costs and that you get a fair divorce settlement.
Call our law firm today at 405-591-3935 to schedule a free consultation with a military divorce attorney.
What is Military Divorce?
Distinct from civilian divorce, military divorces involve the legal separation of a couple when one or both partners are service members. Military divorce is much more complex than a standard civilian divorce, as service members are protected by federal laws and statutes that are separate from Oklahoma law. These laws and statutes serve to protect service members from an unfair divorce when they are active duty members or returning from active service.
There are a number of different acts that offer protection to service members. If you are going through the military divorce process, it is important to hire an attorney who understands these acts and the unique legal issues that arise during a military divorce.
Service Members Civil Relief Act (SCRA)
The Service Members Civil Relief Act protects service members who are on active or overseas duty. This act prevents civilians from issuing divorce or child custody proceedings against service members while they are deployed without a court order. Under this Act, a service member can apply to get their divorce proceedings postponed by 90 days. This can also be extended further if 90 days is not enough time to begin divorce proceedings.
Uniformed Services Former Spouse Protection Act (USFSPA)
The Uniformed Services Former Spouse Protection ACT (USFSPA) provides legal guidance to service members and Judges on how to address military divorce issues including spousal support, child support, and military pension and retirement division. This Act serves to protect the best interest of service members and help ensure that they do not receive an unjust outcome for their military divorce.
Military divorce has unique jurisdictional rules, meaning that service members can only file for divorce in certain states. If filing for a military divorce, service members can only file in their resident state, the service member’s station, or the legal state of residence (domicile) state.
As such, if you are living in Oklahoma City and stationed at Tinker Air Force Base, for example, you can file in the station or in Oklahoma State for military divorce. Oklahoma law requires that the service member or spouse must have resided in Oklahoma for at least 6 months before filing for a military divorce. A military divorce attorney can help you further understand jurisdictional issues and advise you on where it is best to file for divorce.
Military Divorce Issues in Oklahoma City
Military divorce issues can be significantly more complex than standard divorce proceedings. As service members are protected by federal acts and statutes, those filing for a military divorce need to understand how family law issues are dealt with under these statutes. Hiring an experienced military divorce attorney can help ensure that you have a good understanding of your legal rights as a service member and help ensure that your best interests are protected.
In both civilian and military divorce cases, the best interests of the child are paramount in child custody proceedings. These custody matters can be incredibly challenging since parents may hold divergent views on what is ideal for the children. In the context of military divorce, the dynamic is further complicated when one or both parents are active service members. Their deployment can make maintaining a consistent child custody arrangement difficult. Thus, it’s essential to consult a military divorce attorney who can guide couples toward a fair custody arrangement, both permanent and temporary, accommodating service deployments.
Additionally, for those navigating child custody in Oklahoma, it’s vital to recognize that your custody decisions may be influenced by the Hague Convention and Oklahoma’s Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”). This act encompasses issues such as child custody arrangements, abandonment, abduction, and other matters linked to the child’s best interests. A divorce attorney from Cannon & Associates can clarify the implications of this jurisdiction on your situation.
Our military divorce attorneys can also provide insight and guidance on many military family law issues, including:
- Child custody arrangements to meet the unique geographic challenges service members face from PCS moves, active duty tours, and other service-related travel
- Child support considerations for service members and their unique and varied forms of compensation
- Your rights and protections associated with being a service member facing child custody or divorce issues while deployed or on orders away from home
Regardless of whether you yourself are a service member or the other parent to your children is a service member, Oklahoma law requires family law judges to consider the “best interest of the child” in deciding child custody. Courts must consider the physical, mental, and moral welfare of a child in determining child custody pursuant to OKLA. STAT. tit. 43 § 109. It is crucial to your case that you retain an Oklahoma military family law attorney with experience presenting the side of service members to advocate in your Oklahoma child custody case.
Child support arrangements, like most financial military divorce issues, fall under the jurisdiction of the Uniformed Services Former Spouse Protection Act (USFSPA). Similar to standard divorce proceedings, child support amounts are determined using the Oklahoma Child Support Guidelines. However, the salary and gross income that is taken into consideration in military divorces are different from civilian divorces.
When determining a child support arrangement in a military divorce, the Judge must look at a number of different factors, such as deployment, the amount of service income that should be included in the calculation, re-enlistment bonuses, and whether fee on-base housing can affect your income. An Oklahoma City military divorce attorney from our law firm can help determine your gross income, fight to ensure that you are not left empty-handed because of a child support arrangement, and ensure that all money in a child support arrangement goes towards your children.
Retirement Benefits and Military Pensions
Retirement benefits are one of the most contested issues during a military divorce. Many service members worry about their future military pensions being reduced substantially through a divorce and not having a significant source of income after retirement. Many service members rely entirely on the income they receive from the military, and hope that their military pensions will be able to support them after they retire.
Like child support, retirement benefits are dealt with under the USFSPA. Depending on the circumstances, military pensions and retirement benefits can be viewed as ‘marital property, which allows for a positive outcome for spouses who remained at home during the course of a marriage.
Generally, the division of military pensions follows a 10/10/10 rule. This rule provides that partners must be married for at least 10 years, the service member in the relationship must have at least 10 creditable service years, and these ten years must overlap. If these conditions are satisfied, the ex-spouse will be compensated by the Defense Finance and Accounting Service (DFAS).
Depending on your particular situation, however, these rules may not always apply. Oklahoma law on retirement division and benefits may also be taken into consideration in your case. One of the military divorce lawyers from our law firm can help you understand how the retirement division will work in your case and help ensure that your retirement benefits are not reduced substantially because of a divorce.
Property division can often get quite confused in a military divorce, particularly because service members often relocate to different areas of the country and the world and may have claims to property in different locations. As such, when filing for a military divorce in Oklahoma City, OK, it is important to understand the equitable division laws that apply within the state.
Oklahoman family law provides that courts can make judgments over property in different states when it comes to divorce. However, these rules may differ when it concerns a military divorce. If you have separate assets or property in another state that are independent of the marriage, these assets will remain separate in a military divorce.
Should I Hire a Military Divorce Attorney in Oklahoma City?
Going through a military divorce can be significantly more complicated than a standard divorce proceeding. As discussed, there are many different laws that apply to service members which provide extra protection and guidance for military divorce proceedings. If you are a service member, you probably feel quite anxious about going through a divorce and trying to understand the complexities of property division, child custody issues, and military retirement division.
Trying to understand these complexities without an experienced military divorce attorney can be difficult, so we strongly advise you to seek legal counsel. Even if you and your ex-spouse agree on all or most issues, having a lawyer can ensure that you do not sign up for an agreement you regret in a couple of years. Divorce decrees are final, which is why you should ensure that you agree with all of the terms set forth in the settlement.
An experienced military divorce lawyer can help you understand what you are entitled to, advise you on how your retirement benefits and salary should be divided, help you understand child custody issues, and protect your best interest. They can negotiate with your partner’s lawyer on your behalf to ensure that any agreement you make is equitable and fair. A military divorce attorney can help you understand jurisdictional issues and advise you on where you are able to file for divorce, and what would be in your best interests.
The only way to ensure that your rights as a service member in Oklahoma City are protected and that you get the best possible outcome for your divorce decree is to hire an experienced military divorce lawyer.
Experienced Military Divorce Lawyer in Oklahoma City
At Cannon & Associates, our law firm has significant experience with military family law issues, such as divorce, child custody, and financial support. Our law firm helps soldiers, airmen, marines, sailors, coast guard, reservists, and guardsmen all throughout Oklahoma City who are going through a divorce or need legal guidance with family law issues. Our military divorce lawyers understand how important it is to protect the rights of service members and ensure that you get the best possible outcome with your divorce proceedings
The founder of our law firm, John Cannon, is currently serving as Judge Advocate in the Oklahoma National Guard and is highly experienced with military divorce and benefit division. In addition, one of our attorneys, S. Douglas Elliot, served 30 years in the military in the active component and the National Guard as a military lawyer. As a service member and JAG, he has knowledge of military divorce and has been consulted by the State Legislature on aspects of the legislation that now protect the parental rights of deployed service members and other military divorce law issues.
Our law firm has been consistently ranked as one of the top law firms in Oklahoma City, and many of our lawyers have won awards and recognitions for their hard work and dedication to clients. We know how difficult the divorce process can be, and we want to ensure that you feel confident going through your military divorce and that you get the support that you need.
Whether you or your family member is stated at Tinker AFB, Ft. Sill, Vance AFC, Altus AFB, McAlester Army Ammunition Army Base; a Reservist; or a National Guardsmen, CANNON & ASSOCIATES has been there before with clients facing Oklahoma military divorce.
Contact a Skilled OKC Military Divorce Lawyer Today!
Navigating a divorce, especially when children are involved a life has been built over the years, is undeniably challenging. This process is further complicated in the context of a military divorce. At such trying times, having an experienced family law attorney by your side is crucial. John Cannon, the owner of CANNON & ASSOCIATES, stands out as a dedicated advocate versed in military family law. As a judge advocate, John has a rich history of representing clients and securing optimal outcomes, highlighted by his top AVVO rating of 10 (superb). He prioritizes transparent communication and will be with you every step of the way, ensuring that you are always informed.
Furthermore, at Cannon & Associates, our team comprises divorce lawyers who have served in the military and possess extensive expertise in military divorce cases. We recognize the unique challenges military veterans face, especially the potential risks to the benefits earned during service. Our objective is to guide you through the legal intricacies of military divorce, safeguarding your best interests and striving for a positive case resolution. If you find yourself amidst an Oklahoma military divorce or custody battle, whether you’re in Oklahoma City, Edmond, Norman, Yukon, Mustang, The Village, Moore, or Midwest City, don’t hesitate to reach out. As your Fierce Advocates, we’re committed to upholding your rights as a service member. Contact us today at 405-591-3935 for a free and confidential consultation.
Our Client Reviews
More 5-star Reviews Than 99% Of Lawyers In Oklahoma
"John has shown nothing but compassion and professional guidance in my case. He truly cares about his clients and is exceptionally understanding when it comes to any case he is representing. He communicates genuinely as well as in a timely matter. If I were able to give his firm any more than 5 stars, I most definitely would. He is incredible."
"John Cannon is an awesome attorney. He is very professional and honest. He really cares about his clients. John always gets back to you quickly to answer any questions you have regarding your case. I highly recommend CANNON & ASSOCIATES for any legal needs you may have."
"John Cannon has helped me through the hardest time in my life. He helped me through my divorce and custody case. He truly cares about his clients and it made me so happy he always put my daughter first and wanted what was in her best interest as a child. He is very sharp and resourceful and he has been very attentive and responsive to my needs, John is very polite and professional and he always has a great attitude. John always took the time to go over everything and explain everything in depth. I've enjoyed working with John and his team and would recommend him to other clients."
"I have known John for about 6 years now in his capacity as a Judge Advocate and a civilian attorney. John has a rare blend of both sharp analytical and interpersonal skills. I have seen John achieve positive outcomes for clients in complex scenarios and If you need an attorney who can do the same for you - this is your guy."
"John did a very good job. Although the outcome was not 100% what we expected(strange judgement) it was overall positive. I would, have and will continue to recommended him. Although I certainly hope to not need his services again in the capacity I hired him for I would not hesitate to call if I do. Thanks John"
"I signed up with John June 25th, July 5th I received an email that my case is in line to be DISMISSED, within a 2 week time period John made what was one of the most stressful times in my life better! Every case is different but he handled my case with care and he was extremely open in his communication throughout the whole process. I hope to never have to have a criminal attorney again but if I do I will definitely go back to John. I highly recommend him to anyone else who is needing an attorney!"
"John is a highly respected attorney. Professional and compassionate. He has a wealth of knowledge, being a military officer and having served as an Assistant District Attorney, a Public Defender, and an Assistant Attorney General. He helped a friend's son who was headed down the wrong path, but through John's legal defense the young man is now a successful business owner."
"John is a very professional attorney, who is not only concerned about the welfare of his client but very attentive and considerate of the family, or other bodies that are in the face of the adversity. While working on my family members case, John took time out to take a class that would educate him on how to approach the many different types of cases tried in the court room. John proved his sincerity to the calling of his job, being an attorney. I would definitely recommend him to anyone."
"Mr. Cannon went above and beyond for my wife. She was facing some pretty hard fines and prison time with the US Marshalls. Mr. Cannon fought a hard fight and got her a GREAT offer. Words cannot express how much I appreciate him and what he did for my wife. I would give 10 stars and I will be promoting him. He's that awesome. He keeps you informed, he will text or call you back, and he goes above what he is asked to do and I can reassure you"HE WILL FIGHT FOR YOU OR YOUR FAMILY MEMBER". I will continue retaining him for other things my wife is battling. High five and a great big hug to Mr. Cannon. Thank you!!! John took the reigns and provided us instant peace of mind. He was timely, respectful, transparent, very professional, honest and courteous. The service he provided was above and beyond our expectations. Can’t believe professionals like him are around. Highly highly without reservations recommend him and his team."
"John Cannon is an excellent attorney. He takes sincere interest in your needs. He maintains communication and provides all the information you might want to fully understand the legal process. He also suggests alternative resolutions to your legal needs so that you can make informed choices. I definitely recommend John."
"My experience with CANNON & ASSOCIATES was absolutely amazing. I hired John Cannon two days before my rebuttal statement was due back to the Staff Judge Advocate. Within that time frame he was able to talk to my Battery and Battalion Commanders, review my evidence, and help me write a rebuttal statement that help prove my case to them, the Brigade Commander and the Post Commanding General. Cannon worked thru the night to help me get the best results for me and my family. Due to his hard work and attention to detail I am still able to continue to serve my country and progress in my military career with no adverse actions on my record. I can not thank him enough on a job well done. Cannon showed me that he was invested in my case and I highly recommend you hire him when you need someone to represent you in a legal matter."
"John Cannon assisted me through a very difficult time in my military career. He worked tirelessly with me on my case and kept me informed during the entire process. I can't say enough good things about Mr. Cannon. He's incredibly knowledgeable with regards to military justice. The outcome of my case was successful and I attribute that to Mr. Cannon's professionalism and expertise in dealing with military law. I would highly recommend Mr. Cannon to anyone with military justice or criminal defense needs."
"Hands down the best lawyer. Mr.Cannon accepted my case and got on it the same day. I would give him 10 stars if I could. I really appreciate the dedication on how he handles things with a short time frame."
"Mr. Cannon has represented me on 2 criminal cases and one civil case over the past 4 years. He has always served me honestly, speedily and with good moral direction. John has integrity and humility. He has never belittled me or treated me in an unfair manor. I appreciate all that he has done for me and I most certainly recommend him to family, strangers and friends. I will definitely use Mr. Cannon in the future for any and all of my family's legal matters."
"Mr. Cannon went above and beyond for my wife. She was facing some pretty hard fines and prison time with the US Marshalls. Mr. Cannon fought a hard fight and got her a GREAT offer. Words cannot express how much I appreciate him and what he did for my wife. I would give 10 stars and I will be promoting him. He's that awesome. He keeps you informed, he will text or call you back, and he goes above what he is asked to do and I can reassure you"HE WILL FIGHT FOR YOU OR YOUR FAMILY MEMBER". I will continue retaining him for other things my wife is battling. High five and a great big hug to Mr. Cannon. Thank you!!!"
"I had a great experience with John. He is very personable and helped me a lot. I’m really grateful I found him. He made me feel confident that he was the right lawyer for my case and that he wasn’t trying to sell me but genuinely just wanted to help me. I would highly recommend John to anyone!"
"Working with Mr. Cannon has been a real life-saving experience for me and my family. He provides the knowledge of the possibilities as soon as he can get them, then works tirelessly to ensure that any concerns or questions are addressed immediately. He has been a great asset to us not only in the face of legal troubles, but in providing a sense of security that is truly reassuring in the face of the uncertain.Mr. Cannon has been a great resource and has been very patient with me. From the start he provided a list of things to do that would help me help him with my case and since the beginning has continued to give advice or suggestions on any matter that has bothered me with my situation, large or small. He is gentle, yet realistic, and this combination really does become a rock in tumultuous times such as these.I would highly recommend Mr. Cannon to anyone who needs a vigilant and committed attorney, especially one that stands by your side until your issue is resolved. He goes above and beyond not only to work, but to care for his clients!"
"John Cannon assisted me through a very difficult time in my military career. He worked tirelessly with me on my case and kept me informed during the entire process. I can't say enough good things about Mr. Cannon. He's incredibly knowledgeable with regards to military justice. The outcome of my case was successful and I attribute that to Mr. Cannon's professionalism and expertise in dealing with military law. I highly recommend Mr. Cannon to anyone with military justice or criminal defense needs."