Military Divorce Attorney in Portland
Representing Members of the U.S. Armed Forces
Members of the United States Armed Forces cannot obtain a divorce in the same way as civilians. The process is somewhat more complex and involves military laws as well as state laws. Whether you are in the military or are married to a servicemember, whether you are stationed in Oregon or are deployed overseas, McKinley Irvin can help.
Our attorneys are familiar with both Oregon family law and military family law. We also know the rights of military members and can ensure that neither spouse is taken advantage of by the other spouse when one spouse is serving on active duty overseas.
The Service Members Civil Relief Act
In civilian cases, when someone takes action against another person and there is no response, or if the other party fails to appear in court, a default judgment can be entered. Active duty servicemembers are protected from default judgments while they are serving on active duty. No member of the military should have to be distracted by legal actions while he or she is actively serving their country in another state or country.
McKinley Irvin can protect your rights under the Servicemembers Civil Relief Act if your spouse has filed for a divorce while you are deployed. No action may be taken against you until after you have returned from active duty.
What Does Military Divorce Involve?
Military divorce involves property division, alimony, child support, and child custody just like civilian divorce; however, the way in which these matters are handled is different. Military benefits and pensions are subject to laws such as the Uniformed Services Former Spouses Protection Act. Military members who have served for 20 or more years are entitled to lifetime retirement benefits. In a divorce, half of the benefits and pension can be assigned to their spouse of 10 years or more.
Why You Need a Portland Divorce Lawyer
McKinley Irvin knows your rights as either a servicemember or a spouse. If you are facing a military divorce or child custody matter, we can provide the knowledgeable counsel and experienced representation that you need to be successful. A lawyer from our firm will work tirelessly to maximize your settlement and ensure that you obtain the most favorable court orders.
McKinley Irvin has attorneys on staff who are on the cutting edge of specialized fields of family law such as military divorce. Whether you are a member of the military or married to someone who is, one of our experienced Portland divorce attorneys can help you.
We invite you to contact our firm to schedule a consultation.