- Enforcement of Orders
- Prenuptial Agreements
A key issue when dealing with military family law is domicile. Military members have a unique set of rules and regulations controlled by federal law that can affect the ability of a state court to proceed with a divorce and the rules can also affect the ability of a state court to divide the assets of a military member or to resolve custody issues. In some cases the court may make a decision of divorce if there is jurisdiction over the party seeking the divorce, issues such as children, property rights and spousal support cannot be decided unless there is personal jurisdiction over both parties.
The two elements of domicile are physical presence and intent, which is proven by facts such as the filing of state income and property taxes, voting records, bank accounts, vehicle titles and registration, driver’s license and any other act or property that shows a permanency of residence. Military personnel are allowed to retain the right to their original domicile (where they pay taxes) regardless of where they are stationed in the world.
Military pensions are divisible in the event of divorce; however, they are subject to different rules than the rules that govern most pensions. Because this area of military family law requires a special knowledge of laws that are not applicable in civilian matters, an experienced military law attorney is essential and necessary in cases involving military families.
“Kristy went above and beyond to help me with my military QDRO. She is very knowledgeable and answered all of my questions.”
Case: A client was referred to our office by an attorney. Her case was regarding a parcel of real estate owned by five brothers and sisters who were heirs to their mother’s estate. The property was about to be lost at a tax sale, there was no organization to their “family partnership” and little family communication at all. Results: We guided the family through a redemption of the tax sale, probated their mother’s estate, leased the property to a church group with an option to purchase the property which eventually led to a sale of the building and we ran the family partnership during this long process. Testimonial: After concluding the transaction and distributing the net proceeds to the brothers and sisters our client wrote the following: “Our hearts thank you” said the card to which she added: For your sincere, honest, heartfelt help with our family problems. Without your help we could not have worked things out. Then she added a blessing to Jeremy, to the office and to his family.”
“I will continue to utilize their services in domestic proceedings as they provide prompt and efficient preparation and processing of QDROs and they are always accessible to address any of my questions and those of the client.”
“Your office is prompt as always; I have already heard from Kristy in regard to the two QDROs. You were a big help to me on this same case last spring, and it is very appropriate that your office receive a thank you.”
“You were able to answer my questions and I am confident that I have covered all of my bases. How do people manage if their attorney doesn’t bother to admit they don’t do enough military and civil service work to know all the nuances?”
Case: These parties had been in the process of getting this done through their original attorneys for about a year with no success.
Result: We were able to get the QDRO done, and the 401(k) into the wife’s name very quickly. When all was said and done, she said,
Testimonial: “Kristy, this is all set, thanks to you. I cannot thank you enough. The process was started last August.”
“Thank you again for meeting with me yesterday regarding my family problem, especially on such short notice. I was very pleased with the information and advice you provided. You made it very easy for me to understand my legal standing regarding the concerns as well as the concerns of others who were involved. Again, I can’t thank you enough for the legal counsel and for the consideration you provided me. I especially admired your personable and informative, yet direct, approach regarding my family’s specific needs.”
“Hilary – The day I met you, I was a mess. I was so upset about my dad and everything that I had to get done, and then you helped me out and I just started to feel better. Thank you so much.”
“Words cannot express my heartfelt appreciation for the kindness you’ve shown me. Making things go perfectly stress-free was a true blessing for me and I will always remember your thoughtfulness.”
“Thank you for everything. You have been wonderful to us throughout the almost 2 years of upheaval we’ve been dealing with Mom and Dad’s estate. You have patiently guided and advised us. We have always felt “safe with you and that is most comforting when one is trying to deal with emotional and painful realities. Thank you for your kindness, wisdom, and caring. We know it is a team effort. All of you have made a difficult time more bearable by your professionalism and kindness. We are profoundly grateful.”