Promoting the Best Interests of Military Members and Their Families

Those who choose to serve their country through military service are expected to make certain sacrifices in the line of duty. Servicemembers are often ordered to travel around the world as part of their job. However, these duties can complicate legal issues arising from divorce.

If you are a member of the armed services or a member of a military family going through a divorce, you need a dedicated legal representative who understands the unique challenges that face military divorces. At Erb Legal LLC, our lead attorney, Thomas L. Erb Jr., is an experienced military divorce attorney in Northeast Ohio who can help you find an effective and fair resolution to your legal dispute, under Ohio divorce law.

If you have questions or concerns about your legal rights under Ohio family law, please call Erb Legal LLC at (330) 446-3606 today.

The Federal Servicemembers Civil Relief Act

In general, servicemembers who are ordered abroad for military service enjoy legal protections for certain civil lawsuits.

Under the federal Servicemembers Civil Relief Act, members of the military are entitled to the following protections:

  • Protection from default judgments while serving overseas
  • 90-day stay of civil proceedings from the end of their service
  • Remote representation by local counsel for certain legal proceedings

What makes military divorces unique?

Child Custody Issues for Military Families

Due to the nature of military service, parents who are members of the U.S. armed services often encounter child custody issues that civilian couples may not ever face. Deployments, temporary duty overseas, and other military responsibilities may require a parent in the service to travel abroad. As a result, this can have a significant impact on establishing a reasonable parenting plan and determining issues concerning parenting time for non-residential parents.

At Erb Legal LLC, we can help military parents get special temporary orders regarding custody and parenting, such as:

  • Temporary delegation of parental responsibilities with a relative
  • Temporary orders ensuring the child’s reasonable availability for parenting time during periods of leave from active duty
  • Temporary orders requiring the other parent to facilitate contact between the military parent and their child during deployments and other periods of service abroad

Dividing Military Benefits

Generally, divorce cases involve multiple family law issues—many of which concern the parties’ finances. The division of marital assets and proceedings about spousal or child support focus on each party’s respective financial rights and interests as they pertain to the other spouse’s assets and liabilities.

However, the property rights of the parties under state family law rules are subject to any overriding federal laws. For example, federal law protects certain military benefits from being divided as marital property in a divorce case. However, such benefits may be subject to a person’s legal duties regarding the financial support of former spouses and children.

At Erb Legal LLC, we can guide you through the following issues:

  • Retired pay: Generally, those who retire from military service are entitled to pension-like retirement benefits. Although these benefits are protected from property division actions in divorce cases, issues concerning alimony and child support may be relevant.
  • Disability pay: Servicemembers may receive insurance-like benefits regarding disabling conditions they develop. When it comes to orders for family support, a former spouse’s entitlement to such benefits is an important issue that might arise.
  • Veterans benefits: Former servicemembers are entitled to certain retirement and disability benefits from the Veterans Administration. Our skilled attorney can help you understand and address the legal implications of a divorce with regard to these benefits.
  • The Uniform Services Former Spouses Protection Act: Federal law provides specific benefits for former spouses of military members, such as continued access to military medical care and commissary services if the marriage and military service lasted long enough. Our firm can determine whether these benefits are relevant to your case.

Contact Our NE Ohio Military Divorce Attorney

Military service demands exceptional sacrifice. However, you shouldn’t have to sacrifice your rights as a result of your honorable service or decision to marry a member of the military. To make sure your rights are protected in a military divorce, you should reach out to Erb Legal LLC for effective legal advice and advocacy.

For a free consultation, please call (330) 446-3606 or contact our office online today.