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Military Divorce

Mississippi Attorney For Military Divorce Cases

Military service places a tremendous stress on marriages, particularly when overseas service is unexpected, as it has been for so many National Guard members in northern Mississippi. I frequently hear from women who say they didn’t realize, when they got married, that their spouse could be sent away for a year or more.

And when military spouses come home, they often suffer from post-traumatic stress syndrome or other psychological issues that can wreak havoc on a marriage, even if they don’t have physical injuries. As the numbers of people in the Tupelo and Lee County area called to active duty has increased, so, too, has the rate of military divorce.

There are a number of protections that apply to and protect service members under military law, including the Soldiers’ and Sailors’ Relief Act, which protects them from lawsuits while on active duty. This law, and several important factors, must be considered by any attorney working with parties to a military divorce.

I’m Gene Barton, an experienced Mississippi military divorce attorney. I work with active duty and retired military members and spouses of military members in my divorce practice. I understand the issues you face, and I can help. For sound legal advice and compassionate guidance through the divorce process in northern Mississippi, contact my Okolona law office online or call 662-260-6646..

Legal Questions In Military Divorce

Jurisdiction: One issue that comes up in military divorce is the question of which state the parties reside in, and therefore, in which state court the parties must file a Complaint for Divorce. Military families are often moved from state to state, so they may only have been stationed in Mississippi temporarily before the military member shipped out. The state in which the case is filed is the state that will have jurisdiction over child custody matters.

Child custody and child support: Issues of child support, visitation and custody are particularly difficult to deal with when a parent is away for an extended period of time. These matters require thoughtful consideration. A good attorney who is aware of the problem can work with the client to come up with a long-term solution whereby the family member who is deployed is able to retain a good relationship with his or her children. Support can also be a problem. Support payments by the service member need to be set at an amount that the service member can pay whether he or she is on active duty or has been discharged.

Spousal support: In military families it is not uncommon for one spouse to be a stay-at-home parent because the requirement of frequent moves makes it difficult for the nonmilitary spouse to have a career, and because children need the extra support and stability of an at-home parent when dealing with moves. Stay-at-home parents are often entitled to spousal support. Depending upon the length of the marriage, the dependent spouse may also bring a claim on the military spouse’s health care benefits, PX benefits and military retirement benefits. As an experienced property division attorney, I can explain how this will work in your specific case.

It is important that you work with a divorce attorney who has had some experience with military rules and regulations that affect the processes and the outcomes of a divorce and child custody proceeding.

At my Okolona law office, I have dealt with these issues. On more than one occasion I have been contacted online by service members on active duty in the Middle East who reviewed this website and decided my firm could help. If you choose to move forward with a divorce proceeding while you are out of the country, we can work together via email and you can wire funds to my office.

I do recommend, however, that you not make any hasty decisions or enter into any agreements regarding child custody or support while you are actively deployed and out of the country — and certainly not before you talk with a knowledgeable military divorce lawyer. You may wish to avail yourself of your right, under the Soldiers and Sailors Relief Act, to postpone legal action until you have time to reflect upon what is in you and your children’s long-term best interest.

Contact Tupelo, Mississippi, Military Divorce Lawyer Gene Barton

I care about your needs, and I will fight like a bulldog for your interests. For a free initial consultation, contact my Tupelo-area family law firm online or call 662-260-6646. I represent clients from the Tupelo Army Air Support Facility and all branches of the armed services, as well as active duty service members stationed overseas.

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