If you, your spouse, or both are in the military and have decided to divorce, you should use the services of military divorce attorneys. The reason is that a military divorce can be a very complicated legal matter that requires the knowledge of this type of lawyer. Although this type of divorce will follow the same procedures as a normal civil divorce, there are some complexities that are different. These include retirement and military benefits, living arrangements that must be discussed separately, and service of divorce papers. Because civil divorce attorneys do not understand the military laws surrounding a military divorce, that is why you would need such an attorney.
The military uses the same legal system as the civil divorce procedure, so there are no military judges or military divorce courts. There is a rule that is different in military divorces and not in civil divorces. In most jurisdictions in the United States, service of divorce papers must be done in person and within a certain period of time, but it is different with a military divorce. There are laws that will protect the member of the military if there is an unusual delay in the procedure because they cannot be served papers or attend the procedure due to active duty.
To become such a lawyer, you must know the details of all applicable federal and state laws that could apply to any divorce. State laws govern most divorces, but with military divorces this is not entirely true. Regarding pensions, child custody, military benefits, retirement, and child support or alimony, there are some federal laws that will prevail over state laws. In rare cases, there are some parts of the hearing that may need to be heard by federal judges. If one or both of the parties involved in the divorce are located abroad, additional problems could arise.
Military attorneys do not need to be a member of any branch of the military. They are attorneys who specialize in divorces, specifically military divorces. To become a military attorney, you must have a bachelor’s degree, a Juris Doctorate (JD) from an accredited law school, and pass the Bar exam. You will also need experience working as a divorce attorney or working with a law firm that specializes in divorce. The last thing you need to do is understand all the issues involved in a military divorce.
To be admitted to a good law school, you must have had a high grade point average throughout your bachelor’s program and pass the admissions test.