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Divorce can be stressful enough, but it becomes even harder when one or both spouses serve in the military. Rules are different, schedules are unpredictable, and many couples aren’t sure where to turn for help. One common question that comes up is this: does the military provide divorce lawyers? It’s a fair concern, especially for families stationed far from home. Understanding what legal support the military offers—and what it doesn’t—can make a big difference in how service members and their spouses approach the divorce process.
What You Can Get from a Military Legal Assistance Office
Free Legal Guidance and Help with Documents
Each military base has a legal assistance office staffed with licensed attorneys. These attorneys provide free legal help to active-duty members, members of the National Guard and Reserves on active orders, retirees, and their dependents.
In divorce cases, legal assistance attorneys can help:
- Explain the divorce process in your state
- Review or draft separation agreements
- Provide notary services
- Help you understand your rights regarding child custody, child support, alimony, and property division
While they cannot go to court with you, they can explain your options and help you prepare the needed paperwork.
Help for Both Sides, but Not Together
Military lawyers cannot represent both spouses in a divorce. If both are eligible for services, they must see different legal assistance attorneys. Once one spouse meets with an attorney, that attorney cannot assist the other spouse.
If you’re the service member, make sure you see an attorney early before your spouse does. That way, you can receive ongoing support through the process.
What Military Legal Assistance Offices Do Not Provide
No Representation in Civil Court
Military legal assistance attorneys are not allowed to represent clients in civilian courts. Divorce cases are always handled in state court, not military court. That means you still need to hire a civilian divorce attorney if your case goes to trial or gets contested.
Legal assistance attorneys can prepare you for court, but they will not file motions, argue before a judge, or appear on your behalf.
No In-Depth Help with Complicated Finances
Military legal offices are helpful with basic separation documents and answering general questions. But if your divorce involves business assets, large retirement accounts, or multiple properties, you’ll need a civilian attorney who specializes in high-asset divorce cases.
Military legal offices also don’t provide forensic accounting or deep financial analysis.
Who Can Access Military Legal Services
Active-Duty Service Members
Any active-duty member of the Army, Navy, Air Force, Marines, Coast Guard, or Space Force is eligible for legal assistance services. They can make appointments through their base’s legal assistance office.
National Guard and Reserve Members
National Guard and Reserve members on active duty for 30 days or more qualify for legal assistance. They must bring proof of active orders to get services.
Retirees and Dependents
Retired military members and their dependents also have access, though some bases prioritize active-duty members. Spouses and children listed on the sponsor’s military ID are usually eligible.
If you’re unsure about your status, contact your local legal assistance office for confirmation.
How to Get Started
Find Your Local Legal Assistance Office
You can use the DoD’s legal assistance locator to find the closest office based on your zip code and branch of service. Offices may be called different names like “Legal Office” or “JAG Office,” but they all provide similar help.
Call or visit the office’s website to check availability and request an appointment. Some offer walk-ins, but most now work on a scheduled basis.
Gather Important Documents
Before your appointment, prepare the following:
- Military ID
- Marriage certificate
- Any court documents you’ve already received or filed
- Financial records like pay stubs, bank statements, or property titles
- A list of questions or concerns you have
The more organized you are, the more productive your meeting will be.
Key Divorce Topics Military Attorneys Can Explain
Child Custody and Visitation
Military service often involves deployments, relocations, or unpredictable schedules. Military legal assistance attorneys can explain how these factors may affect your custody rights.
They can also help draft parenting plans that account for military duties, including long-distance parenting or temporary custody changes.
Military Pension and Divorce
One of the biggest concerns for divorcing service members or their spouses is how the military pension will be split. The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to treat military retirement as marital property.
Military attorneys can explain how this law applies and help you understand your rights to retirement income.
Child and Spousal Support
Military members are expected to support their families. The military has guidelines for interim support payments even before a court issues a formal order.
A legal assistance attorney can help you understand your command’s requirements and how support orders will work after divorce.
When You Should Hire a Civilian Divorce Lawyer
You Expect a Contested Divorce
If your spouse doesn’t agree with your divorce terms, you will need a lawyer to protect your rights. Contested divorces involve court appearances, evidence gathering, and formal motions—none of which military attorneys are allowed to handle.
You Have a Complicated Financial Situation
If your divorce involves multiple properties, a business, stock options, or large investments, you’ll need a civilian attorney with experience in divorce law.
You’re Seeking Custody of Children
While military legal offices can explain custody laws, only civilian lawyers can argue your case in front of a judge. Custody disputes need courtroom representation and strong legal strategy.
You Want Fast Results
Military legal offices often have limited staff and high demand. If you need faster, dedicated attention, hiring a private attorney can speed up the process.
Can the Military Delay Your Divorce Case?
Yes. Under the Servicemembers Civil Relief Act (SCRA), active-duty members can request a delay in divorce proceedings if their duties affect their ability to participate in the case. This protection helps service members avoid default judgments when deployed or on assignment.
A military attorney can help you file for this delay. But you still need to respond to legal notices promptly and keep the court updated.
What Happens if One Spouse Is a Civilian?
If only one spouse is in the military, the civilian partner can still receive limited help through the legal assistance office, depending on eligibility.
If they don’t qualify for services, they must hire a private attorney. This is common in cases where the military spouse sees a JAG attorney first, blocking access for the other spouse.
Final Thoughts
The military does provide legal assistance for divorce, but it does not replace a private divorce lawyer. You can receive guidance, document preparation, and help understanding your rights, but you’ll still need civilian legal help in many cases.
If you’re considering divorce and connected to the military, reach out to your base’s legal office as soon as possible. Their free services can give you a solid starting point while helping you avoid common mistakes.
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