View Full Version : Wanted: Divorce Lawyer w/Exp in Military Matters
I looked in the advanced search, and found some leads, but thought I would add here that I will be facing a unique to military pay situation and before I use my military Medical Severance that will be partially recouped by the VA, I would like to consult a lawyer on what I will expect. Because the hooker is going to want to get her grubby hands on a piece of that cash once she sees my W-2.
I did read a Kansas Supreme Court Appeal decision overturning an award of any of the military severance, I need to ensure that I am good to go as far as not owing her any of it.
If any military or former military folks here have had good experience with a particular lawyer, and didn't get the deer-in-the-headlights look when you rattled some acronyms off to them like BAH, BAS, AFSC, MOS, then I would like to call them, and see if they are for me. There has to be some good ones here in Colorado, the divorce rate of the military is > 85%.
Thanks Fellas!
brokenscout
05-15-2013, 14:46
I think it depends on how long you were married, but pretty much your screwed most likely.. I'd find a good attorney, did you check with JAG
Look like Black & Graham, LLC in Colorado Springs are pretty focused on family law issues regarding military.
I'm sorry that things have gone downhill for you.
No experience in this, but I did find this with a quick little search:
http://www.lawyers.com/military-divorce/denver/colorado/law-firms/
I think I heard somewhere that when it comes to .mil matters, it supersedes a prenup- but not too sure how much stock I put in a Barracks Lawyer's opinion.
In the words of Han Solo: "Good luck.... you're gonna need it." [Beer]
The Marrison Law Firm in Colorado Springs DID ME NO FAVORS.
What we often hear about "time in service" requirements for her to get anything is FALSE. They only apply to automatic payments from the DOD to her. She can fight for, and possibly win, anything she asks for. I was only married to the psycho for four years, and she is now receiving a very small, but infinity painful, portion of my retirement. Be ready. In the long run, a good attorney will be less expensive than what you may end up paying her for the rest of your life.
Her attorney was Julie Wolfe of Colorado Springs - she was not nice to me.
Best of luck to you.
ETA:
If you ever need an excellent criminal defense attorney, Eric Anaya of the Foley Law Firm http://www.davidfoley.net/ is highly recommended.
We were married for 8 years, got divorced in 2009 soon after coming back from Afghanistan to an empty house (and I mean EMPTY), so she pretty much only would have gotten 20% of my retirement. Got 49 (me) / 51 (her) parental time so I ended up with close to what I wanted.
We have to exchange financial info every year, so she will see that I got a (Base Pay X 2) X number of years served = Severance package, however the VA will recoup whatever my Disability Rating is of that so I won't see a VA check until I have paid it off.
I can just see her going right to the courthouse to subpeona me as soon as she gets to see my taxes.
Things were going downhill getting medically discharged (not retired) after 15 years of service (in 5 days), until a new job landed right in my lap that I think I will enjoy a lot, so I am a whole lot less stressed right now.
Generally speaking you have to me married at least 10 years for your spouse to get any of your military benefits. But I got divorsed ten years ago so laws in the state may have changed.
CroiDhubh
05-15-2013, 16:46
Ah yes...this was something I dealt with so many damn times as an MP when I'd come back and work garrison... I have my opinion of Army wives, but I'll keep it to myself at this moment.
Check with Black & Graham in Colorado Springs
BushMasterBoy
05-15-2013, 18:06
I'd never willfully accept the severance. I'd try to force them to medically retire you. I somehow managed to get the retirement with 100% disability. Also got the VA 100% service connected disability. I bet if you refuse to sign off on the severance, and they force it on you, you could appeal at a later date. Active duty can always see the judge advocate for free legal advice. Medically retired means you get to have a mil ID card and use the medical facilities and other privileges. No way would I sever wilfully . http://forums.military.com/eve/forums/a/tpc/f/110192933/m/6090079681001
Generally speaking you have to me married at least 10 years for your spouse to get any of your military benefits. But I got divorsed ten years ago so laws in the state may have changed.
NOT TRUE!
Any judge can take it upon themselves to award payment of any percentage (up to 50%) of your disposable retired pay to a former spouse. The law on the books is only a recommendation that the entitlement begins at ten years of marriage that overlaps at least ten years of military service. You can be married for only one day and the judge can award a portion of your pay to your former spouse. The 2.5%/yr beginning at ten years is only a guideline not a requirement. I have first hand experience with this with wife 1.0
...My advice, get a great (e.g., expensive) lawyer - you won't regret it down the road.
USAFGopherMike
05-16-2013, 19:29
Doesn't she lose rights to his retirement if she remarries?
Doesn't she lose rights to his retirement if she remarries?
Negative, In the people's republik of Colorado, Military Service credit toward retirement is considered "Marital Property" subject to the "equitable division" of assets.
We were married for 8 years therefore she got 20% of whatever retired pay I would have received.
Good luck. I saw some jacked up shit when I was in with all of the divorces going on. One of the worst was a Chief on my boat,(Navy Submarine) walked off the boat after being gone for six months and punched his three month pregnant wife right in the belly. It took several of us to get him off her. I setting the bar low for hoping yours goes better.
Madeinhb
05-17-2013, 00:25
Good luck. I saw some jacked up shit when I was in with all of the divorces going on. One of the worst was a Chief on my boat,(Navy Submarine) walked off the boat after being gone for six months and punched his three month pregnant wife right in the belly. It took several of us to get him off her. I setting the bar low for hoping yours goes better.
Damn! In this day in age where woman are chasing military guys for the benefits, they are nothing more than hookers. I don't understand why guys in military can get married. Just about every guy I know in military has had their wife cheat on them.
Byte Stryke
05-17-2013, 07:15
Damn! In this day in age where woman are chasing military guys for the benefits, they are nothing more than hookers. I don't understand why guys in military can get married. Just about every guy I know in military has had their wife cheat on them.
I slept with an LTs(not mine, thankfully) wife the first week I was in Germany...
It did make Battalion family day kinda interesting.
:D
99% of Army wives are nothing but somersaults and gardening implements
Damn! In this day in age where woman are chasing military guys for the benefits, they are nothing more than hookers. I don't understand why guys in military can get married. Just about every guy I know in military has had their wife cheat on them.
Ya, I wish that was the worst story. I agree, most marriages failed while I was in... Not all... But most. My best friend going through is still married , I am happily, etc it does happen but it is hard to find a good partner because the girls grow up in a military area and learn how "it works" to get out of town. I have not seen it in a long time but from what I remember the dark side of "An officer and a Gentleman" got it pretty close.
Damn! In this day in age where woman are chasing military guys for the benefits, they are nothing more than hookers. I don't understand why guys in military can get married. Just about every guy I know in military has had their wife cheat on them.
This, emphasis on the Hooker label. Then they all most sit at home and pop out babies and complain about how hard it is to be a stay at home mom, and when they leave the military member it is so easy to get child support. Then on to the next one.
Inconel710
05-17-2013, 13:31
I bought my first wife off. She signed away all claim on my military retirement for the low, low sum of $20,000 in the divorce papers. I consider that money well spent.
This, emphasis on the Hooker label. Then they all sit at home and pop out babies and complain about how hard it is to be a stay at home mom, and when tyhey leave the military member it is so easy to get child support. Then on to the next one.
Not all women do that.
Doesn't she lose rights to his retirement if she remarries?
My ex has remarried twice - she still gets her check every month.
I bought my first wife off. She signed away all claim on my military retirement for the low, low sum of $20,000 in the divorce papers. I consider that money well spent.
I did something similar when she wanted "Spousal Maintenance". She signed that away for the low low sum of $2500.
Right after I was told by the County Mediator in the same building as the courthouse that, "Ohh you are in the military? The judge will never sign off on you getting more than 49% parenting time." Ohh but I as the father sure as hell can work full time while she is allowed to work part-time and have an accounting degree and work on a second degree.
Not all women do that.
I stand corrected, I edited my original post.
My ex has remarried twice - she still gets her check every month.
That my friend......just wrong.....just wrong.
CroiDhubh
05-17-2013, 17:41
I bought my first wife off. She signed away all claim on my military retirement for the low, low sum of $20,000 in the divorce papers. I consider that money well spent.
I would agree.
Not all women do that.
So much of the majority do, so it may as well be an accepted "all".
I would agree.
So much of the majority do, so it may as well be an accepted "all".
I'm afraid I disagree with you. I know several military families that have remained happily married for decades.
I also know of military marriages that barely survived the ink drying on their wedding certificate. But that should not discount the marriages that have remained, simply because there are divorces.
You are probably right TheGrey, I overestimated probably, however there are way too many spouses out there who prey on Military folks like predators, because they know that all they have to do is call a commander and get someone in trouble. Unfortunately not all commanders are as cool as mine who said, "If you cannot get arrested for it and it isn't breaking the law including military law, then I will not get involved."
We need commanders that will back up their soldiers- and we need stronger military spouses that will pull together. There are a lot of broken parts to this system, and the blame on the women should definitely be there for those that cheat the system, just as it should be for the men that do the same thing. "What goes TDY stays TDY," is a well-known adage that's been treated like a hall pass. It's a system that needs some serious work, there's no doubt. There's a lot of components to it.
Personally, I'm very sorry to hear what you're going through. I hope that you can locate an attorney that can help you.
I think there is a difference between the town skanks that plan their life around getting married and collecting a check and real marriage. I saw several when I was in and they are fun to be around but don't marry'em. I had one girl who, the week before she was going to marry a guy I was going through school with, offered to ditch him if I would marry her. I warned him, but no dice. He had two kids with her, ended up getting a divorce and then being found in the engine room 'out of it'. He got out on a "crazy" discharge, ruined his life. I have not heard from him since. I got lucky and hooked up with my college sweetheart, about to celebrate 20 yrs. My buddy got with his high school girl and is about to hit 19yrs. I think what I am saying is.. If you found them in the local military supported town your odds are lower it will work out. If they did not grow up around the military, they are better. Not that either is a sure bet... Just explaining the odds from what I saw while I was in.
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