Does the Military Provide Divorce Lawyers?

The military, known for its structured support system, also offers assistance in personal matters like divorce, though the extent and nature of this support can be complex. Service members facing divorce may have access to legal resources, but this support varies based on rank, location, and specific circumstances. Here’s an in-depth look at how the military provides divorce legal assistance, the available resources, and how service members can navigate this challenging process.

Military Legal Assistance Programs

1. Legal Assistance Offices (LAOs): Most branches of the military provide legal assistance through their Legal Assistance Offices. These offices are staffed by judge advocates (military lawyers) who offer free legal advice on a variety of issues, including divorce. However, their capacity to represent individuals in court is limited; they typically provide counsel and help with legal documents but may not handle litigation.

2. Family Law Specialists: Military legal assistance offices often include family law specialists who focus on divorce and related issues such as child custody and property division. These specialists are well-versed in military-specific concerns, such as deployment and service-related issues, which can impact divorce proceedings.

3. Referral Services: When military legal assistance offices cannot provide full representation, they often refer service members to civilian attorneys. These referrals might come with recommendations for attorneys experienced in military divorce cases. The military can sometimes subsidize or reimburse certain legal expenses under specific conditions.

Specific Considerations in Military Divorce

1. Deployment Issues: Deployments can complicate divorce proceedings. Military members may have limited availability, affecting court schedules and communication with legal counsel. The military’s legal assistance aims to mitigate these issues by offering flexible appointment options and understanding the unique needs of deployed service members.

2. Division of Military Benefits: One of the most complex aspects of a military divorce is the division of military benefits, including pensions and health care. The Uniformed Services Former Spouses' Protection Act (USFSPA) governs how military pensions are divided. Understanding these laws is crucial, as they can significantly impact financial settlements.

3. Child Custody and Support: Military divorces often involve complex child custody arrangements due to frequent relocations. The military’s legal assistance can provide guidance on how to address these concerns and help ensure that child support obligations are met, even when the service member is stationed far from home.

Seeking Legal Assistance

1. Steps to Access Legal Help: Service members should start by contacting their base’s Legal Assistance Office. It’s important to gather relevant documents and information before the appointment to ensure a productive session. Military legal assistance typically requires proof of military service and sometimes specific documentation related to the divorce case.

2. Finding a Civilian Lawyer: If a service member needs representation beyond what the military provides, they should look for civilian attorneys specializing in military divorces. The military often maintains a list of recommended attorneys, and some states have legal aid organizations that offer assistance to military families.

3. Financial Considerations: While military legal assistance is generally free, civilian attorneys may charge significant fees. Service members should inquire about potential costs and explore options for financial assistance or reduced fees based on their circumstances.

Conclusion

Navigating a divorce while serving in the military involves understanding both military-specific and civilian legal aspects. The military provides valuable legal assistance through its legal offices and family law specialists but may not offer full representation in all cases. Service members should make use of available resources, seek civilian legal advice when necessary, and carefully consider the complexities involved in military divorces. By leveraging these resources, service members can better manage the legal challenges associated with divorce and ensure their rights and interests are adequately represented.