Military Divorce, Child Custody and Visitation
Sadly, military service can be, sometimes, difficult and stressful on families. James M. Warner has experience representing members of our armed services, and is mindful of the stress placed on military families, especially when service members must serve overseas. Military status can affect your rights, even if the service member is no longer active duty. Mr. Warner has the background to advise and represent the service member or service member’s spouse in any family law proceeding, including the following:
- Child custody and visitation cases, where a spouse is deployed to Iraq, Afghanistan or other long term foreign assignments;
- Calculation of child support, based on combat pay and other hazardous duty salary enhancements, despite the tax exempt status thereof;
- Property division of military pensions, benefits (survivorship and otherwise) and allowances, especially in marriages, where the service member has ten (10) year or more in the armed services;
- Service Members Civil Relief Act (SCRA) immunity considerations, which prohibit active duty military personnel from service of process and lawsuits in most situations;
- Filing an uncontested divorce with the cooperation of the spouse, when the other spouse is deployed; and
- Petitioning the court to grant child visitation rights to a family member, including the grandparents of the child.